法律英语(第五版)
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Ⅶ. Compare the legal terms inthe brackets and then complete the sentences below.

1. If the appeals court finds that the lower court did not correctly apply the law to the facts of the case, or if the appeals court responds to a question of law that has not yet been settled, the court may“vacate”or“____ ”(affirm/reverse)the trial court's decision.

2. ____(Judicial/Legislative)power is the constitutional authority vested in courts and judges to hear and decide justiciable cases, and to interpret, and enforce or void, statutes when disputes arise over their scope or constitutionality while ____(judicial/legislative)power is authority to make law under a constitutional privilege.

3. “____ ”(Conviction/Acquittal)means the final judgment on a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere, and do not include a final judgment which has been expunged by pardon, reversed, set aside, or otherwise rendered nugatory.

4. Unless the decision is unanimous, one or more“____ ”(concurring opinion/dissenting opinion)may be filed by judges who disagree with the majority's conclusion and reasoning, or a judge may simply indicate the fact of dissent without an opinion.

5. The Federal Circuit is not organized on a geographical basis at all. It has been assigned the task of handling appeals that involve patents and certain damages suits against the United States government from any of the 94 ____(circuit courts/district courts), as well as appeals from the Claims Court and the Court of International Trade.

6. The U.S. Constitution provides that the Supreme Court has____ (original jurisdiction/appellate jurisdiction)“in all Cases affecting Ambassadors, and other foreign public ministers and consuls, and in cases in which a State shall bea party. ”

7. In cases where it can exercise the original jurisdiction, the U.S. Supreme Court, as the____ (court of first instance/court of last resort), acts as a trial court.

8. ____(Litigants/Litigators)are lawyers who specialize in criminal or civil litigation. They represent plaintiffs and defendants in hearings, arbitrations and mediations as well as jury and non-jury trial. The plaintiffs and defendants involved in the lawsuit are known as“ ____(litigants/litigators)”.

9. ____(Probate/Probation)is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries.

10. The successful assertion of an affirmative defense(such as self-defense, insanity, duress, necessity, entrapment, etc. )exonerates the defendant even though the ____(defense/prosecution)has proven all of the elements of the offense.