法律英语2
TRUE OR FALSE
LESSON ONE
F 1. A defendant can not bring in a new party.
F 2. The judge also introduces his own witness.
F 3. The adversary system helps to reduce the cost of litigation.
F 4. In recent years, there has been a trend toward strengthening the adversary system in America.
T 5. Critics of the adversary system think that the role of the judge should be greater.
LESSON TWO
F 1. For a court to hear a case, it must have subject matter jurisdiction over the case or perso
nal j urisdiction over
the parties.
T 2. To commence a lawsuit, the prospective plaintiff must have an alleged injury.
F 3. Federal and state courts have the same subject matter jurisdiction.
T 4. The selection of a court for litigation involves at the same time the question of jurisdiction as well as of venue.
F 5. Disputes about personal jurisdiction often arise when the defendant is a citizen of the forum state.
F 6. V enue statutes will point to only one court for each case.
T 7. Lawsuits may be the last resort, but it is not necessarily the best way to resolve disputes.
LESSON FOUR
T 1. A lawyer may take depositions from the opposing party and from witnesses.
T 2. Justice requires that judgment be based on the merits of the case.
F 3. At pre-trial conference lawyers argue before the judge.
T 4. Under the rules of discovery, a lawyer can serve demands on the opposing party for the latter to admit facts under oath.
LESSON FIVE
F 1. American law provides for jury only in criminal cases.
F 2. In most actions for damages, both parties have to agree before the case can be tried by a jury.
T 3. Only a limited number of peremptory challenges are available to each party.
T 4. Witnesses are exposed to examination by both sides.
F 5. Jury instruction is the instruction made by the jury.
F 6. Judges can do nothing but accept the verdict.
FILL IN THE BLANKS
LESSON ONE
1.Civil procedure is the body of rules guiding the procedure of civil litigation.
2.The party who brings the lawsuit to court is the plaintiff.
3.The party who appeals from the decision of the lower court is generally referred to as the appellant.
4.When the causes of action arise out of the same transactions and involve common questions of law or fact, all
persons may join in one lawsuit as plaintiffs.
5.If a defendant alleges that another party is liable to him with respect to the same dispute, he may bring in that party
as a third-party defendant.
6.The adversary system is a distinctive element of the Anglo-American judicial procedure. It reduces the process of
litigation to a contest between interested parties, who have control over almost all phases of litigation.
7.In a court operated under the adversary system, the responsibility for beginning suit, for shaping the issues and for
producing evidence rests almost entirely on the parties, who also bear the burden of the time expenses required.
8.Since the determination of the dispute is reduced to some yes-or-no questions, the job of the judge is made easier.
9.Critics of the adversary system think that skill of the lawyers should not be made decisive to the outcome of
litigation.
10.Justice requires that the outcome of a case depend on the merits of the case
LESSONE TWO
1.There are many grievances for which the law does not furnish relief, and there are many wrongs which the law can
not redress.
2.There are many alternatives to litigation. Among them are settlement, arbitration, self-help and letting matters rest.
3.Jurisdiction in the Anglo-American legal system has two aspects: jurisdiction over the s ubject matter and
defendantjurisdiction over the parties.
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