法律英语口语考试题

1) Please discuss the differences between the civil law system and the common law system. 2) Please discuss the main features of the American court system. 3) Please discuss the significance of jurisdiction.

4) Please discuss the main characteristics of case law.

5) Please explain a part of the Constitution that impresses you the most. 6) Please discuss the significance of the case Marbury vs. Madison.

7) Please discuss the main differences between substantive law and procedural law. 8) Do you think the death penalty should be abolished? 9) Please discuss the Miranda warning. 10) Please discuss the function of voir dire.

11) On what do you think it is proper for the appellate courts to focus? 12) Please discuss the difference between torts and crimes. 13) Please discuss the process of the creation of case law.

14) Please discuss the difference between the binding precedents and persuasive precedents? 15) Do you think it is reasonable to have a dual court system in America? 16) Please discuss the different roles of judges and attorneys in court? 17) Is it reasonable to choose common people as jurors?

18) Please discuss the meaning of the right of judicial review of the court? 19) Please discuss the difference between motive and intent?

20) Please discuss the difference between information, complaint and indictment. 21) Please discuss the difference between verdict, judgment and sentencing.

22) Please explain the difference between preponderant evidence and proof beyond a reasonable doubt.

23) Please discuss the main characteristics of adversary system. 24) Please discuss a lawyer’s work before actually filing a complaint. 25) What is trespass? What is the basis for such tort? How to prove it? 26) How to prove the existence of false imprisonment? 27) How to prove the existence of negligence?

28) What is a contract? What are the sources of contract law in America?

29) How do you define consideration? Why is it so important to the American contract law? 30) What does the Statute of Frauds provide?

31) What are the most fundamental requirements of enforceable contracts? 32) Discuss the major steps for forming a corporation. 33) What is the capital structure of the corporations?

34) Why do large corporations choose to be incorporated in the State of Delaware? 35) Please describe the internal affairs doctrine.

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