Ⅶ. Compare the legal terms in the brackets and then complete the sentences below.

1.________ （Damage/Damages）is a pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another.

2. Sentencing statutes often allow the judge to sentence an offender to a term of“________ ”（probate/probation）if a judge feels that the circumstances of the crime and the defendant's background would make a prison sentence too harsh or that it would not serve any good purpose.

3. Manslaughter is often defined as“an unlawful homicide without malice aforethought. ” ________（Voluntary manslaughter/Involuntary manslaughter）is a killing done“on a sudden”in the“heat of passion”after“adequate provocation”, while ________（voluntary manslaughter/involuntary manslaughter）is either“merely”reckless or“criminally negligent”killing.

4. If the defendant shoots at one person intending to kill that person and hits and kills another person instead, the defendant has the requisite ________（actus reus /mens rea）for the murder of the person actually killed. In such cases, it is said that the intent is“transferred”from the intended victim to the actual accidental one.

5. ________（Rape/Statutory rape）is a strict liability offense in that it does not require that the defendant know or even have reason to suspect that his sexual partner is underage.

6. Criminal liability depends on the intentional or criminally negligent ________（commission/omission）of an unlawful act. For every rule there is an exception, however, and ________（commission/omission）to act illustrate such an exception.

7. ________（Motive/Intent）is the cause or reason that induces a person to form the ________（motive/intent）to commit a crime. For example, knowledge that one will receive insurance funds upon the death of another may be a ________（motive/intent）for murder.

8. ________（Aggravating circumstances/Mitigating circumstances）which will reduce degree of homicide to manslaughter are the commission of the killing in a sudden heat of passion caused by adequate legal provocation.

9. ________（Forfeiture/Seizure）of an individual, within the Fourth Amendment, connotes the taking of one physically or constructively into custody and detaining him, thus causing a deprivation of his freedom in a significant way, with real interruption of his liberty of movement.

10. ________（Excusable homicide/Justifiable homicide）consists of a perpetrator's acting in a manner which the law does not prohibit, such as self-defense or accidental homicide, while ________（excusable homicide/justifiable homicide） is committed intentionally, but without any evil design, and under such circumstances of necessity or duty as render the act proper, and relieve the party from any shadow of blame.