I. Translate the following legal terms into English. (20 points)1. 默示合同2. 法律推定3. 反诉4. 制衡原则5. 上诉管辖权6. 举证责任7. 不当得利8. 流通票据9. 替代送达10.一事不再理II. Of the following four choices marked A, B, C, and D, only one is the best. Please choose it (20 points)1.A warrant isA.a writ or paper issued by a judge ormagistrate that allows the police toarrest a person or search a place.B.a written guarantee, issued to thepurchaser of an article by itsmanufacturer, promising to repair orreplace it if necessary within aspecified period of time.C.a person who is an example of whatnot to do.D.a person who gives a warranty.2.A subpoena isA.issued by court to make a judgmentof a civil case.B.the verdict agreed by the majoritymembers of the jury.C.a written order issued by court thatrequires a person to appear in alaw-court.D.a written order by court to make adecision as to the validity of theevidence provided by a party in alaw-court.3.R es judicata isA.the principle that the occurrence ofan accident implies negligence ifcircumstances were such that itwould not ordinarily otherwise have happened.B.a rule that a matter once judiciallydecided is finally and conclusivelydecided and can not be re-litigated.C.the doctrine which holds that anemployer or principal is responsiblefor the acts and omissions ofemployees or agents, when thoseacts are within the scope of theirduties as employees or agents.D.a matter incidental to the main orprincipal fact which helps explainthat fact. 4.W hich of the following is Not the factor of a contract?A.paymentB.offer;C.consideration;D.meeting of minds;5.T he general purpose of the Uniform Commercial Code (“UCC”) is toA.protect the consumer.B.protect the merchant who deals ingoods.C.standardize commercial law andfacilitate commercial transactions.D.protect parties from entering intounconscionable contracts.6.A criminal proceeding isA.a civil wrong by one person againstanother person.B.one brought by the government toenforce a contract between a minorand an adult.C.a civil wrong against society or thepublic.D.one brought by the people, or thestate, against the accused.7.W hen a seller breaches a contract for the sale of goods by deliveringnon-conforming goods, the risk of lossA.is unaffected by the seller’s breach.B.remains on the seller infinitely.C.remains on the seller until thenonconformity is cured or the buyeraccepts the nonconformity goods.D.is transferred to the buyer.8.L ocal actions involveA.the ownership, possession of orinjury to real property.B.the signature, enforcement of acontract.C.how a contract dispute is appealed.D.whether a jurisdiction over personsoutside the jurisdiction’s borders isvalid.9.R ose is moving from her residence to another city and wishes to sell her piano. George inspects her piano and decides to buy it. Rose receives her money and tells George he can take the piano right then. George says he needs to borrow his friend’s truck before he can remove the piano, that night, the piano is destroyed by the fire. Georgesues to recover his money. Which of the following statements is true?A.Rose wins. The risk of loss passedto George as soon as the contractwas made.B.Rose wins. The risk of loss passedto George when Rose said he couldtake the piano.C.George wins. The risk of loss doesnot pass until George takes deliveryof the piano.D.George wins. The risk of loss doesnot pass until George receives adocument of title.10.Which statement about the Constitution of the United States of America is not true?A.The Constitution specifies thepowers and duties of each branch.B.The Constitution reserves allunenumerated powers for therespective states and the people.C.The Constitution is the supreme lawof the United States.D.The United States Constitution isthe lengthiest and oldest writtenconstitution still in use by any nationin the world today.III. Translate the following sentences into English (20 points)1.宪法第十四条修正案规定，非经正当法律程序，任何州不得剥夺任何公民的权利和豁免权。

2. 在故意或欺诈性不当陈述的案件中，受害者可以选择诉讼以取得金钱赔偿金。

3．If promise results from mistake, misrepresentation, fraud or duress, its validity can be challenged for a lack or meeting of minds.4. A work enjoys copyright protection from the moment it is fixed in a tangible medium, such as on paper or magnetic tape, provided that it is an original work of authorship.5. The rules governing the acquisition, ownership, and transfer of property bulk large in the laws of all nations operating under an economic system of private capitalism. IV. There are 10 statements. Make a judgment whether they are true or false. （10 points）1.A criminal proceeding is one brought by an organization against an individual.2.A ny contract must have a consideration to support it.3.C ounteroffer and offer are the facts by which the parties come to a “meeting of minds”.4.A ll contracts that are made in writing are enforceable, all oral contracts are not enforceable.5.B ilateral contract must have consideration.6.A contract that has been made between a minor and an adult is necessarily invalid and thus can be cancelled.7.A 17-year-old Chinese signs a contract with another 25-year-old Chinese, and such a contract is void because one party is a minor.8.T he inner thoughts of the parties to a contract are the manifestation of the parties’ mutual assent.9.M utuality of consideration is the basis of the establishment of a contract.10.An express contract occurs when the parties state their agreement in writing. V. Cases and topic expounding. (30 points)1. Case analysis (20 points)Case 1: Facts: On January 1, Abel, owner of Blackacre, gives a deed conveying Blackacre to Benjamin, a legally bona fide purchaser, in exchange for＄100,000. On February 1, Abel gives a deed conveying Blackacre to Caleb, a legally bona fide purchaser, in exchange for＄120,000. On March 1, Abel gives a deed conveying Blackacre to Deborah, who knows of the conveyances of January 1 and February 1, in exchange for ＄20,000. Deborah records his deed on March 2. Benjamin records his deed on March 3. Caleb records his deed on March 4. Under a race-notice statute, who holds legal title on March 5? Why?Case 2：Facts:Company X orders 10,000 pieces of equipment from company Y. the price is ＄10,000, and ＄5,000 is paid in advance. After company Y has manufactured 5,000 pieces of equipment and delivered 1,000 of them to company X,the government outlaws the manufacture and sale of such equipment.Issue: ⑤how to deal with the problem of frustration of this contract？Please use contract law theory and explain the reason.2.Topic expounding (10 points)Please elaborate on the function of law.。