You are a junior lawyer in a law firm. You have been instructed by the

1.Which of the following would be direct evidence that the criminal defendant a former cashier for a home improvement store committed a cash larceny scheme that resulted n the theft of more than $5 000 from the store? 选项： A: A diagram is used to display the location of the store's registers B: A witness testifies that they saw the defendant take the money C: A witness testifies that the defendant was almost always the last cashier to leave the store D: A coworker testifies that the defendant was acting nervously the day the money was taken

2.A plaintiff sues the defendant for breach of a promise made in a letter allegedly written by the defendant to the plaintiff. The defendant denies writing the letter.

Which of the following would NOT be a sufficient basis for admitting the letter into evidence?

选项： A:

Comparison by the trier of fact of the letter with an admitted signature of the defendant.

B:

Evidence that the letter was written in response to one written by the plaintiff to the defendant.

C:

Opinion testimony of a non-expert witness based upon familiarity acquired to authenticate the signature.

D:

Testimony by the plaintiff that she is familiar with the defendant's signature and recognizes it on the letter.

3. Members of the jury: "The defendant claimed in his statement to the police that he had never been to the shop which was stolen last week. However, the police have a number of witnesses who can testify that this claim is incorrect. Since the only plausible explanation for the defendant lying is that he has something to hide, there can be no doubt that he is guilty of the crime."Which of the following identifies the major flaw in the above argument? 选项： A:It bases the argument on a claim that is also the conclusion. B:It attacks the defendant rather than the defendant’s case. C:It implies that the jury can decide whether the defendant’s statement was true. D:It assumes that what he has to hide is his guilt.

4.A plaintiff sued the defendant for dissolution of their yearlong partnership. One issue concerned the amount of money the plaintiff had received in cash. It was customary for the defendant to give the plaintiff money from the cash register as the plaintiff needed it for personal expenses. The plaintiff testified that, as he received money, he jotted down the amounts in the partnership ledger. Although the defendant had access to the ledger, she made no changes in it.

The ledger was admitted into evidence. The defendant seeks to testify to her memory of much larger amounts she had given the plaintiff.

Is the defendant's testimony admissible or inadmissible?

选项： A:

Admissible, because it is based on the defendant's firsthand knowledge.

B:

Admissible, because the ledger entries offered by a party-opponent opened the door.

C:

Inadmissible, because the defendant's failure to challenge the accuracy of the ledger constituted an adoptive admission.

D:

Inadmissible, because the ledger is the best evidence of the amounts the plaintiff received.

5.defendant refers to a person who brings a legal case against someone in a court of law选项： A:对 B:错

6.A claim form is due to be served by 2 June, which is four calendar months after the date of issue. The claim form includes the client's full name and the defendant's address including postcode. Last week, the defendant telephoned the claimant's solicitor to say that, as he moved address two months ago (which new address is not given., his solicitors are instructed to accept service of the claim form on his behalf. The defendant's solicitors' address is given, which is within the jurisdiction.What is the best course of action for the solicitor to take in these circumstances with regard to service of the claim form? 选项： A: Serve it at the defendant's solicitors' address. incorrect B: Obtain an extension of time for service of the claim form. incorrect C: Serve it at the address given in the claim form and inform the defendant's solicitors in writing. correct D: Obtain the defendant's new address from his solicitors to enable the claim form to be reissued to show that address. incorrect E: Instruct inquiry agents to establish the defendant's new address and then apply to amend the claim form to show that new address. incorrect

7.A defendant is being tried for the murder of a woman who disappeared 10 years ago and has not been heard from since. Her body has never been founD, The prosecutor has presented strong circumstantial evidence that she was murdered by the defendant. To help establish the fact of her death, the prosecutor has requested that the judge give the following instruction, based on a recognized presumption in the jurisdiction: “A person missing and not heard from in the last seven years shall be presumed to be deceaseD,”Is the instruction proper? 选项： A: No, because the fact that someone has not been heard from in seven years does not necessarily lead to a conclusion that the person is deaD, B: No, because mandatory presumptions are not allowed against a criminal defendant on an element of the charged crime. C: Yes, because it expresses a rational conclusion that the jury should be required to accept. D: Yes, because the defendant has a chance to rebut the presumption by offering evidence that the woman is alive or has been heard from in the last seven years.

8.Brazilians are very nice, friendly, and hospitable. Therefore, you can address them by their first names even if they are senior to you. Is this statement true or false? Choose the correct answer and the best reason for it. 选项： A: It is true because Brazilians have a quite informal communication style. B: It is false because you cannot address Brazilians by their first names until you become their good friend. C: It is false because Brazil is a hierarchical society and you are supposed to address people who are senior to you by their titles. D: It is true because Brazil has a small power distance culture.

9.You have permission to enter the traffic lane, traffic clearance granted 选项： A:You can enter the traffic lane because you are given the traffic clearance B:You can enter the traffic lane because your berth is clear C:You must arrive at the waypoint because you are given the traffic clearance D:You must arrive at the waypoint because your berth is clear

10.Which of the following is least likely a negotiation situation? （）A．The invitation you receive to a party says you can bring a friend.B．Your manager meets with you about your annual raise.C．A high school senior asks his parents if he can borrow their car. They agree, as long as he promises to be home by midnight.D．You ask a sales clerk to give you a 15 percent discount because the article of clothing you would like to purchase is missing a button.

11.When you start the business with another person that meas ____.选项： A:you can take all profit B:your partner can share your pressure C:your partner may disgree with you on strategy D:your business can survive all the time

12.In the English civil law system, which TWO of the following are the parties involved in a case? 选项： A:Prosecution B:Accused C:Defendant D:Claimant

13.You have been instructed to act on behalf of clients in the sale of their freehold property. You have exchanged contracts on their behalf and you are now setting the file up for completion. Your clients have one charge against their property. You ask your trainee to obtain a redemption statement from the lender. After lunch your trainee confirms that she has done this. You do not check her work. Later in the day you ask your trainee if the redemption statement has arrived and she says that it hasn't. Before you leave for the day you give an undertaking to the buyer's conveyancer that you will redeem the charge on completion.What option below covers all the risks involved in the above scenario? 选项： A: You have exposed your firm to a potential claim B: You have exposed yourself and your firm to a potential claim C: You have relied on your trainee without checking her work D: You have given the buyer's conveyancer an undertaking to redeem the charge without seeing the redemption statement E: You have exposed yourself and your firm to possible liability by giving an undertaking which you cannot guarantee you can fulfil

14.Which one is not true according to the article?选项： A:In a behavioral interview, the interviewer will ask you questions based on common situations of the job you are applying for.; B:A phone interview may be for a position where the candidate is not local or for an initial prescreening call to see if they want to invite you for an in-person interview.; C:No matter what type of job interview you go on, always do your best to prepare for it the best you can ahead of time, so you can do your best and show them the best of who you are.; D:In a traditional interview, you will be interviewed by a panel of interviewers.

15.Which of the following statements best reflects the "you" attitude? 选项： A、You failed to enclose a check for $25. B、We need a check from you for $25 so that we can send the merchandise by May 15. C、We will send you the merchandise as soon as we receive your check for $25. D、You will have your merchandise by July 15 if you send us your check for $25 today. E、If you want your order, you have to pay us first.

16.You have received an invitation to a business reception with an important client marked RSVP(Please Respond), you are tentatively scheduled to leave on a business trip that day. You should …（）选项： A:ignore the RSVP because you probably can’t attend. B:call immediately and explain the problem, asking if you can RSVP later when your schedule is firm. C:RSVP, so you will have it covered, then don’t go if your trip comes through. D:RSVP, then call to cancel at the last minute if your trip comes through.

17.With the question ”What is your strongest point?”, the interviewer seeks to find out if:选项： A:Your strengths align with the company’s needs. ; B:You are the best person for the job .; C:You have qualities, skills, and/or experience that set you apart from the competition.; D:You can express your idea fluently.

18.You have received an invitation to a business reception with an important client marked RSVP(Please Respond), you are tentatively scheduled to leave on a business trip that day. You should …（）选项： A:ignore the RSVP because you probably can’t attend. B:call immediately and explain the problem, asking if you can RSVP later when your schedule is firm. C:RSVP, so you will have it covered, then don’t go if your trip comes through. D:RSVP, then call to cancel at the last minute if your trip comes through.

19.4. Which one is NOT true according to the article “Six Interview Types You Must Know as a Candidate”? ? 选项： A:A. In a behavioral interview, the interviewer will ask you questions based on common situations of the job you are applying for.; B:B. A phone interview may be for a position where the candidate is not local or for an initial prescreening call to see if they want to invite you for an in-person interview.; C:C. No matter what type of job interview you go on, always do your best to prepare for it the best you can ahead of time, so you can do your best and show them the best of who you are.; D:D. In a traditional interview, you will be interviewed by a panel of interviewers.

20._____2. Your friend is accused of speeding in a car accident and you are summoned to appear in court as witness.

21.59A defendant is charged with actual body harm('ABH')for tattooing his friend without his consent. The incident is alleged to have occurred at a party that both attended. The defendant's defence,as set out in his defence case statement,is that his friend consented. After charge,the prosecution obtained the friend's phone records,which indicate he sent the defendant repeated text messages after the alleged incident talking about how much fun he had at the party. The prosecution do not intend to rely on this evidence at trial.Are the prosecution under an obligation to disclose the text messages to the defence? 选项： A:No,as the messages are evidence that the defence can reasonably be expected to collate themselves through the defendant's phone records. B:No,because the prosecution do not intend to rely on the messages. C:Yes,as the messages potentially undermine the prosecution case or assist the defence. D:Yes,as the prosecution have a duty to disclose all material relating to the matter. E:Yes,as it is in the interest of justice for the prosecution to disclose the messages.