一. 解释下列名词(可用中文或英文解释, 并选作其中的五个, 每个6分，共30分):
1.Acceptance 2. Agent 3. Stock
4. Defence 5. Evidence 6.Civil procedure
7.Partnership 8. Strict liability
二. 将下列英文翻译成中文(共 40分):
1.A contract cannot exist unless someone has made an offer to enter into a contract. An offer states what the offeror will do and what he expects in exchange. For an offer to be valid, the offeror must intend to make the offer and must communicate it to the offeree. Sol says to Barbara, “I’ll promise to sell you this model boat if you will promise to pay me $150.” Sol, the offeror, has made an offer to Barbara, the offeree.
2.The New Deal reformers under President Franklin Roosevelt were determined to provide an honest marketplace for securities. By means of two statutes, the Securities Act of 1933 and the Securities Act of 1934, they permanently altered the way that publicly traded corporations had to treat the purchasers and holders of their securities .They also changed both the ethical and operational aspects of buying and selling securities.
三. 阅读下面的起诉书并回答问题(请用中文回答, 共30分):
Complaint
1.The plaintiff is a citizen of the State of Ohio.
2.The defendant Cardinal Skyhook Corp. is an Ohio corporation whose principal place of business is located in Franklin County.
3.The Defendant Donald H. (Driver) is a resident of Franklin County.
4.At all times relevant to this Complaint, Driver was employed by Cardinal Skyhook Corp. and was acting within scope of his employment.
5.On May 14, 1989, at approximately 9:30 a.m. ,Driver was operating a van belonging to Cardinal Skyhook Corp. in an easterly direction on Main Street in Columbus.
6.While proceeding at a speed in excess of the posted limit, Driver negligently caused the van to cross the center line and strike a 1988 Ford truck owned by the plaintiff which was lawfully parked on the north side of the street.
7.The truck, valued at $19,000, and its contents, 35 crates of widgets valued at $35,000, were a total loss.
Wherefore, the plaintiff demands judgment against Cardinal Skyhook Corp, or against Donald H. Driver, or against both of them in the sum of $54,000 and the costs of this action.
Buckeye Widgets Corp.
By Its Attorney
请回答下列问题:
1.原告为什么起诉Donald H. Driver?
2.原告起诉的理由和原因是什么?
3.原告的诉讼请求是什么?
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中国政法大学1999年法律硕士试题 [2006-4-24]
