系所別

世新大學八十九年學年度研究所碩士在職進修專班考試

系所別	考試科目
法律學系	英文

壹、請將英文翻譯成中文(每題十五分，請標明題號)

1. A well-known New York lawyer tells the young associates in his firm that good legal writing does not sound as though it had been written by a lawyer.

2. When a court interprets a contract on this basis, it determines the meaning of the instrument in accordance with the extrinsic evidence of the judge’s own linguistic education and experience.

貳、將下列二段敘述譯成英文(每題二十分，請標明題號)

一、許多法律系畢業生把就讀研究所當成準備專業考試的過渡性安排，一方面維持相對單純的讀書環境，另一方面避免考不理想的失落感。這種安排看起來很週全，實際上可能兩件事都做不好。

二、我對世新大學的印象還有點模糊，只知道它的法學院只有法律系，招收攻讀學士學位的學生，也開辦碩士班。聽說這是國內法學教育的趨勢，但是單一的系為什麼還要有院的架構？可不可以裁掉系而直稱法學院？

參、Reading Comprehension (單選題，每題五分，請標明題號)

The United States court system, as part of the federal system of government, is characterized by dual hierarchies; there are both state and federal courts. Each state has its own system of courts, composed of civil and criminal trial courts, sometimes intermediate courts of appeal, and a state supreme court. The federal court system consists of a series of trial courts (called district courts) serving relatively small geographic regions (there is at least one for every state), a tier of circuit courts of appeal that hear appeals from many district courts in a particular geographic region, and the Supreme Court of the United States. The two court systems are to some extent overlapping, in that certain kinds of disputes (such as a claim that a state law is in violation of the Constituting) may be initiated in either system. They are also to some extent hierarchical, for the federal system stands above the state system in that litigants (persons engaged in lawsuits) who lose their cases in the state supreme court may appeal their cases to the Supreme Court of the United States.

Thus, the typical court case begins in a trial court—a court of general jurisdiction—in the state or federal system. Most cases go no further than the trial court: for example, the criminal defendant is convicted (by a trial or a guilty plea) and sentenced by the court and the case ends; the personal injury suit results in a judgment by a trial court (or an out-of-court settlement by the parties while the court suit is pending) and the parties leave the court system. But sometimes the losing party at the trial court cares enough about the cause that the matter does not end there. In these cases, the “loser” at the trial court may appeal to the next higher court.

1. What does the passage mainly discuss?

(A) Civil and criminal trial courts

(B) Typical court cases

(D) The appeal court process

2. According to the passage, district courts are also known as

(A) circuit courts

(B) supreme courts

(D) trial courts

3. In the last sentence of the first paragraph, the phrase “engaged in” could best be replaced by which of the following?

(A) committed to

(B) involved in

(D) engrossed in

4. The passage indicates that litigants who lose their cases in the state trial court may take them to a

(A) different trial court in the same state

(B) court in a different geographic region

(D) state supreme court

5. It can be inferred from the passage that typical court cases are

(A) always appealed

(B) usually resolved in the district courts

(D) usually settled by the Supreme Court

6. Which of the following is most likely to be the subject of the paragraph following the passage?

(A) The process of an appeal

(B) Out-of-court settlements

(D) Sentencing procedures