1. 请考生务必于每场考试前15分钟到备考室，考试开始后未入场者不得参加考试。口语考试按学院、所选课程等分考场，每个考场由1名考官主持、按3名考生为一组进行。

2. 每组考试时间为10 分钟，进入考场后在考官处抽取题目。

口语考试由二部分组成：

第一部分：每位考生向考官通报姓名、学号，约1.5分钟。

第二部分：小组讨论，三位考生从法律英语口试题中抽取1题，进行讨论，约8.5分钟。   

3.     考核要点：主要考核考生的英语口头表达能力，以及传达信息、发表意见、参与讨论和进行辩论等口头交际能力。

4. 评分办法：口试成绩满分为20分，确保符合正态分布规律，避免出现成绩过分集中于某一高分段或低分段。

5. 评分标准：考官在考试时根据考生语言的准确性、语言范围、话语长短、连贯性、灵活性和适切性等方面进行考核。具体标准如下：

（1）           准确性指考生的语音、语调以及所使用的语言和词汇的准确程度。

（2）           语言范围指考试使用的词汇和语法结构的复杂程度和范围。

（3）           话语的长短指考试对整个考试中的交际所作的贡献、讲话的多少。

（4）           连贯性指考生有能力进行较长时间的、语言连贯的发言。

（5）    灵活性指考生应付不同情景和话题的能力。

（6）           适切性指考试根据不同场合选用适当确切的语言能力。

6. 考生口语考试结束后，请考生请迅速离开考试地点，不得与备考同学交流，否则双方都以作弊论处。

法律英语口试题

考试时间：8:00-10:00 每组学生抽取一道进行讨论

1.        What are the differences between civil law and common law systems?

2.        What is Substantive law? And procedural law? Please make some examples. What are the purposes or characters of the both?

3.        Please say something about Miranda warnings/rights, and state when it will be spoken.

4.        Please say something about the case of Marbury v Madison. What are the significances of that case？

5.        Please explain pleadings, complaint and answer in civil procedure.

6.        What are the roles of judges and professors in civil law and common law countries？

7.        Please explain Socratic Method and case method.

8.        What do lawyers and prosecutors do in opening statement and ending statements？

9.        Please talk about common law diffusion, such as its historical development and its influence throughout the world.

10.    Please explain state court jurisdiction and hierarchical structure.

11.    Please explain preemptory challenge and challenge for cause in

12.    Please explain federalism and separation of powers in the U. S.

13.    What is dual court systems (parallel court structure) in the U.S.？

14.    What is “discovery”? And what is the function of it?

15.    What is John Marshall’s contribution made in the case of Marbury v. Madison? What is the significance? What is the reasoning for the decision in Marbury v. Madison?

16.    Explain the damages awarded at court (including types, function and when to award etc.).

17.    What are the elements establishing the criminal liability? Can you make an example to make it clear?

18.    What types of sentences will be imposed if there is a conviction?  How does it differ from the civil compensation?

19.    What are the major pretrial stages in a criminal case?

20.    What are the major steps at a court room?

21.    What is intent? How does it differ from the motive?

22.    What is a precedent? What are binding precedents and persuasive precedents? Why do they have the two types of precedent?

23.    What are the unique features of the US legal education? How does it differ from ours?

24.    What is an inferior court? What is a court of original jurisdiction? Are there any differences?

25.    Please talk something about the US legal system，and explain the circuit courts in federal system.

26.    What kinds of errors can not the losing party appeal? What is the general rule?

27.    What can a defendant and his or her lawyer do once a complaint has been served?

28.    What is a precedent? What might happen if a court follows the precedents mechanically? What is the problem remaining in the legal system recognizing past decisions as authoritative sources of law for future cases?

29.    What cases are the trial courts of general jurisdiction empowered to try? Trial court of special jurisdiction?

30.    How can people get their appeals reviewed by the U.S. Supreme Court? Can a state case be heard at US Supreme Court?

31.    Who has the authority to determine how the constitution is interpreted and applied to a particular case? Among those who are entitled to such authority, which one has the final say?

32.    What does constitutionality mean？Why does Chief Justice Marshall thought that the court had the power to review the constitutionality of legislation? What is his syllogism?

33.    Do you agree with the statement that “it is better to free guilty persons than to convict innocent ones”?

34.    What factors may affect the decision to prosecute, and who will decide whether to make a decision to prosecute?

35.    Who will decide the guilt or innocence of the accused? What sentences may be imposed if the accused is found guilty?

36.    What can a defendant and his or her lawyer do once a complaint has been served?

37.    What does “charge to the jury” mean? What does the judge do during a “jury charge”? What may either side in the litigation do about the “jury charge”?

38.    What kinds of errors can not the losing party appeal? What is the general rule?

 

 

 

 

法律英语口试题

考试时间：10:00-12:00 每组学生抽取一道进行讨论

1.        What are the differences between civil law and criminal law, can you make some examples?

2.        What is the Supremacy clause？Why do the framers have it in the constitution?

3.        What is judicial review? Where does the Supreme Court get that right? What is the significance of judicial review?

4.        What are the differences between trial jury and grand jury？

5.        Please explain “stare decisis” and “res judicata”.

6.        Is there any difference in the U.S. and in China on account of legal method?

7.        What does the lawyer do at court? ( e.g. opening/ending statements, examination, objections etc.)

8.        What are objections in civil and criminal procedural law? And exceptions?

9.        Please explain federal court jurisdiction and hierarchical structure.

10.    What are federal issues? Where does the federal court get its jurisdiction? What is diversity citizenship?

11.    What are the types of punishment in criminal law? What do you think about death penalty?

12.    Please explain checks and balances in the US and state the reasons why to have it or not to have it.

13.    What are federal issues? Which courts have the jurisdiction over federal issues?

14.    What is “Booking”? Preliminary Hearing or Arraignment? What are the purposes to have these stages before trial?

15.    Why does a plaintiff file a suit to court? Why does a court award civil damages and how many types of civil damages can be awarded at a civil court? What might be the reason for the court to award punitive damages?

16.    What is felony? Misdemeanor or fractions? Please make some examples.

17.    What is mens rea? And actus reus?

18.    What is a motion? When can parties make a motion? What might happen if the motion to dismiss for failure to state a claim is granted? What if denied?

19.    What are the major pretrial stages in a criminal case?

20.    What is motive? Does it have to be proved at court? Will good motive help?

21.    How do you know about appeal of right and appeal of grace?  What might be the reason for having these two?

22.    What does a particular decision mean to the parties to a lawsuit? To the lawyers, judges, and law students?

23.    What different attitudes do practitioners in different legal systems hold toward case law?

24.    What is a court of appellate jurisdiction? What is a court of last resort? Are they the same?

25.    Please discuss a landmark case in the US legal history.

26.    What does a lawyer generally do before actually filing the complaint?

27.    Who play an important role in defining the law in civil law system, the law professors or the judges? What about in the common law system? And what might be the reason for that?

28.    In communal law countries, what is the doctrine of recognizing past decisions as authoritative sources of law for future cases? Why is the doctrine followed？ What is the problem remaining in it?

29.    Please explain the jurisdictions in the US. Which court has jurisdiction over “diversity of citizenship” cases, a federal court, or a state court? Why?

30.    Please say something about the US Supreme Court jurisdiction. What is the policy underlying the discretionary nature of the Supreme Court appellate jurisdiction?

31.    Does the Constitution vest judicial review on the Supreme Court? How to interpret Article III of the Constitution? In which case was the power of judicial review established?

32.    How are the crimes classified? How are felonies distinguished from misdemeanors?

33.    Who files the bills of information, the prosecutor or the grand jury? How does a grand jury decide whether to return a “true bill” or a “no bill”?

34.    What is the function of voir dire? Do you know the difference between peremptory challenge and the challenge for cause?

35.    What is a complaint? What does a lawyer generally do before actually filing the complaint?

36.    What might happen if the motion to dismiss for failure to state a claim is granted? What if denied? What doctrine bars a person from ever suing on the same claim again?

37.    What is a verdict? What is the difference between “general verdict” and “special verdict”? Can a judge make judgment regardless of the verdict?