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Published by Express Publishing
Liberty House, Greenham Business Park, Newbury,
Berkshire RG19 6HW
Tel.: (0044) 1635 817 363
Fax: (0044) 1635 817463
e-mail: inquiries@expresspublishing.co.uk
http://www.expresspublishing.co.uk
© Express Publishing, 2011
Design and Illustration © Express Publishing, 2011
First published 2011
Made in EU
All rights reserved. No part of this publication may be reproduced , stored in a retrieval system, or
transmitted in any form, or by any means, electronic, photocopying, or otherwise, without the prior
written permission of the publishers.
This book is not meant to be changed in any way.
ISBN 978-0-85777-817-8
Table of Contents
f.11
Answer Key . . .. .. ... . . . .... . .... . ...... ... . . .. . ....... . . . . . . .... . . .. .. . .... 4
Audioscripts . .. . ....... . . .. . . .. . . .. . ..... . . . .. . .. .... . . ... . .. . . . . .... . ...... 13
~
2
Answer Key . ... . ............ .. ... . .. . ..... .. .... ... .. . . .. . .. . . . . . . . .. . . ... . 16
Audioscripts ...... . . .. . . .......... . ... . . . . .... .. . .... . ........ . . ... ........ 27
f:)
3
Answer Key ... . ...... . ...... ......... . . . . . .... . . . ... . . . ........ . . . ..... . .. . 31
Audioscripts ... . . .. . . . ... ... . .. . .. . . . . . ..... . ........ . . ..... . ... ... .. .. .. . . 44
Boo
Answer Key
Unit 1
9 Suggested Answer
Civil Case Update
Attorney: Sally Fields
Plaintiff's complaint: Plaintiff manufactured goods
and supplied them to defendant. Defendant not paying.
Possible outcome: Defendant may win case. Plaintiffs
factory will close down.
Reason: Plaintiff has little evidence / defendant's
attorney is very good.
1 Suggested Answers
1 Judge, attorney/lawyer, paralegal, clerk of the
court, bailiff.
2 I would like to be a judge. I think it would be much
less stressful than being an attorney, because you
don't have to worry about winning your case.
However you still get to work in a court and hear
lots of interesting cases.
Unit 2
2 1 plaintiff
2 defendant
3 speak on behalf of their clients
1 Suggested Answers
1 People decide to take legal action for many
reasons, for example if they have been injured in
an accident that was not their fault, if their
property has been damaged, if they have been
unfairly treated by their employer or if they have
been the victim of a crime.
2 People usually need to contact a legal firm to get
advice about how to take legal action. People
also need to be sure they have evidence to
support their claim.
4 may assist the attorney
5 judge
7 G
4 C
5 F
6 E
2 B
3 A
4
3 1 B
2 A
3 D
4
B
A
5 Suggested Answer
In the legal system a civil case begins with a plaintiff,
the person who makes a complaint. The plaintiff files
the complaint with a court. The person the plaintiff
accuses of a crime is the defendant. Both the plaintiff
and the defendant have attorneys to present their
cases to the court. Attorneys have paralegals, people
who have legal training, to assist them. In the court a
jury and a judge listen to both sides of the case. The
jury decides on a verdict and the judge makes the
decision on how to resolve the case.
6
D
2
T
2 F
3 T
3
B
2 A
3 B
3 complaint
4 defendant
Answer Key
5 proof
4 legal action
If you have been involved in a dispute or have been
injured by someone else's carelessness, Butler and
Evans Associates can help you to take legal action and
get due process. They will initiate a lawsuit to try and
get you the damages you are entitled to. Butler and
Evans investigate your case to get the proof required
for your trial and if the court's verdict is not in your favor
they will try to appeal the case. If Butler and Evans don't
win your case, they don't charge you any fee.
8 Suggested Answer
4
5 B
5 Suggested Answer
5 plaintiff
6 jury
A: Hi, Sally. How is that civil case coming along.
B: Oh, Roger, I wish you hadn't reminded me!
A: Why, what's wrong?
B: I'm afraid our client's complaint has run out of steam.
A: Well, has it?
B: It depends or whether the judge decides there
was a valid contract between the plaintiff and the
defendant. He really needs the money, or his
factory may be forced to close down.
A: Do you have evidence to prove that there was?
B: Some, but the defendant's attorney is very good
and he may succeed in having it disallowed.
A: Okay, then why don't you ask our paralegal to do
some more research?
B: Good idea.
3 trial
4 1 settle
2 appeal
2 D
7 1 civil
2 attorney
4 A
6
A
2 C
7 1 offer
2 lawsuit
3 settle
4 pay for half
5 proof
6 you're right
8 Suggested Answer
A: Good morning, Mrs. Smith. I just received a call
from Mr. Jones' lawyer. He said, Mr. Jones is willing
to put an end to your dispute.
B: Great. So what do we do next?
A: Well, he will only stop defending the lawsuit if you
agree to settle.
oot{ .
B: What is he asking for?
form books, are kept in another part of the library.
Most libraries also have computerized databases with
all these resources on them.
A: He wants you to pay for the costs of arguing the
case so far and he will pay for the damages to
your car.
B: But I was parked on the side of the road! He drove
straight into me!
A: I understand. But seeing as the legal system for
these types of cases can be so slow, I suggest
you settle.
B: Oh, all right, then you're the expert.
Answer Key
6
F
2 T
3 F
7 1 legal encyclopaedias
2 in common
3 case annotations
4 primary materials
5 statutes
6 No problem
8 Suggested Answer
9 Suggested Answer
A: Hi John. Did the law library have anything to help
Client: Samantha Smith
Date: 4th July 2001
Meeting about: Settlement of car crash case.
Recommended that client should settle by agreeing
to pay legal costs to date. Only then will Mr Jones
pay for damages to her car.
Client will settle on these terms.
Unit 3
1 Suggested Answers
1 Legal professionals can find information about
cases in legal encyclopedias, law journals, digests
and case annotations. These books can be found
in many libraries. Courts will also have records of
past cases, and nowadays there are several
computerized databases of court cases on the
Internet.
2 Legal professionals need good research skills
because they have to find and research laws and
past cases relevant to their case.
2
B
2 C
3 B
3 1 primary materials
2 form book
our case?
B: Yes. There were several similar cases in the legal
encyclopedias. It seems that judges often dismiss
cases against young defendants.
A: Do the dismissed cases have anything in common?
B: Well, I looked at the case annotations and found
that none of the defendants had any previous
convictions.
A: Great work!
B: I've also collected some primary materials about
crimes involving young offenders.
A: Thank you. Can you do me one more favor? Write
a summary of the statutes on young offenders.
B: No problem, I'll do it right away.
9 Suggested Answer
Source(s): Legal encyclopedias, case annotations
Useful info: Judges often dismissed cases against
young defendants
What cases have in common: Young defendants/no
previous convictions.
Unit4
3 cite
4 digest
4 1 journals
2 computerized database
3 references
5 resources
4 case annotation
5 legal encyclopedia
5 Suggested Answer
Law libraries keep different documents in different
sections. In one section you will find primary
materials, which are the texts containing actual laws.
In another you can look at secondary materials,
which give opinions on these laws. In the section for
secondary materials you will find legal encyclopedias
and digests, which are summaries of individual cases.
Law journals will be contained in another section. In
these journals you can find case annotations. Finally,
1 Suggested Answers
1 In the USA new laws are made when a member of
Congress sponsors a bill proposing a new law. The
bill is assigned to a committee who study it with the
help of experts. If the committee decides to pass it
on then the relevant chamber of Congress votes
on the bill. If a majority votes for the bill it passes to
the next chamber of Congress (i.e.: if it was
introduced in the Senate, it goes to the House of
Representatives and vice versa) and the process is
repeated. If the second chamber votes in favor of
the bill it is revised by a conference committee and
then sent back to both chambers to be voted on
again. If the bill is passed by both chambers, it goes
to the president for their signature and approval.
After this, it officially becomes a law. If the president
doesn't approve the bill, it can still become law if
two thirds of Congress approve it.
Answer Key
5
Book 1 Answer
Key
I think this system works well because it prevents
people from quickly making laws that might not
benefit people. There are a lot of checks and no
one person has absolute authority.
2 National laws, or federal laws, are passed by the
federal government. State laws are passed by
states and apply only to the specific state which
they were passed in. They should not contradict
national law. States also delegate lawmaking
powers to different agencies, counties and cities,
which can make local laws about smaller issues
such as parking rules.
2
T
2 F
3 T
3
A
2 A
3 B
4 A
5 B
4
B
2 B
3 C
4 B
5 A
5
C
2
2 accident
3 tough
1
When they first meet attorneys and clients might
talk about legal fees, which court a case will go
to, the possible duration of the case, its likelihood
of success and what documents are needed from
the client.
2 In order to work together and trust each other
attorneys and their clients need to agree on fees
before beginning a case. Preparing a case is a lot
of work, and running a law firm is expensive.
Attorneys need to know they will be paid.
2
B
2 B
3 C
3
A
2 D
3 C
4 B
4 1 medical records, police report
2 intake memo, fee agreement
3 correspondence/litigation
4 took that case
5 state law
6 statute
7 Suggested Answer
B: Why is Great Cars Incorporated being sued?
A: They didn't follow the national legislation on brake
testing procedures. A client's brakes failed and he
crashed into a wall.
B: So, the driver's suing Great Cars?
A: Yes. He's suing them for $ 1 million.
B: That sounds hard to beat.
A: Well, we'll have a shot. There's a precedent from a
lawsuit against Car Masters. A judge dismissed the
case when they weren't able to follow the statute.
B: Aaah, I've seen it. It should help our client's case.
8 Suggested Answer
Date: 27th May 2011
I met with Julian today. He is working on a case for
Great Cars Inc. The company didn't meet the
requirements of national brake testing regulations
and as a consequence, a customer drove into a wall
and is suing them for $1 million. But Julian thinks they
can win the lawsuit. There is a precedent that might
help them. Another company didn't meet state law
requirements for seatbelts. But, a judge dismissed the
case when they weren't able to follow the statute.
Answer Key
Suggested Answers
A
6 1 national legislation
6
Unit 5
5
F
2 T
3 T
6 1 agreement
2
intake
3 retainer
4 demand package
5 litigation
6 form
7 Suggested Answer
A: Janine, did you find the signed copies of the fee
B:
A:
B:
A:
B:
A:
B:
agreement and retainer agreement for Mrs.
Jackson?
Yes, I did. Have you also got her intake memo?
Oh, yes. I guess it's still in my office.
Don't worry, I can get it.
Have you got a copy of the demand package we
sent for her medical records?
Yes It's all in her pre-litigation folder.
Fantastic. Please send her a copy along with the
other documents. Don't forget to include the form
letter.
No problem.
8 Suggested Answer
Dear Mrs. Jackson,
I am pleased to enclose the foll owing documents:
Fee agreement
Retainer agreement
Intake memo
Demand package
Please sign the relevan documents and return them
to us as soon as possiDle.
Janine Davis.
Paralegal
Book
Unit 6
9 Suggested Answer
Dear Mr. Moisey,
In response to your question, your case is not going
to the state courts. It is going to a district court
because it is a small case and does not fall under
the jurisdiction of any specialized court.
If you do not agree with the court's decision, the case
goes to an appeals court.
They have to review it because they do not have
discretionary review (the ability to choose which
cases they will review).
Yours Faithfully,
T. Greer
1 Suggested Answers
1 In the USA there are district courts, state courts,
a Court of Appeals and a Supreme Court.
2 Disputes with the state go to the state courts.
General disputes involving federal laws go to
district courts. Appeals against previous rulings go
to the Court of Appeals. Specific claims relating
to bankruptcy or tax go to specialized bankruptcy
and tax courts. The Supreme Court usually only
hears cases that involve important questions
about the Constitution or federal law.
F
2
Answer Key
2 T
3 F
Unit 7
3 jurisdiction
4 claims
3 1 District
2 state
4 1 Supreme
2 appeals
1 Suggested Answers
1 Which court hears a case is determined by where
the offense was committed, where the defendant
or plaintiff are from, and what the case is about.
2 A case can be heard in more than one court, both
state and district, if the parties are from different
states. This allows the parties involved to escape
the possible prejudice of local judges and juries.
A case is also heard in more than one type of
court if the initial verdict is appealed and the case
goes to the Court of Appeals for review.
5 discretionary
3 review
6 specialized
4 bankruptcy
5 Suggested Answer
In the USA there are 5 main types of courts. In the
state courts disputes with the state are decided.
Other disputes go to district courts or in some cases
to specialized courts, such as tax or bankruptcy
courts. If you disagree with a verdict your case will
go to the Court of Appeals, which reviews decisions
from other courts. The Supreme Court is also an
appeals court, but it has discretionary review, meaning
it may choose whether it hears your case or not.
6
X
7 1 state
2 district
2 .I
3 .I
3 decides
4 reviewed
4 X
5 X
5 review
6 discretionary
8 Suggested Answer
A:
B:
A:
B:
A:
B:
A:
B:
So, will my case go to the state courts?
No, it won't.
But it's a dispute with the state.
Yes, but district courts normally have jurisdiction
over cases like yours.
Okay, I understand. And is it possible to appeal
against a district court's decision?
Yes, we can ask for the decision to be reviewed
in the Court of Appeals.
Are you sure they will review a small case like mine?
They have to. Only the Supreme Court operates
under discretionary review, so don't worry!
2 1 Personal jurisdiction
2 Jurisdiction over an area
3 Subject jurisdiction
4 Only one court can decide the issue
5 Concurrent jurisdiction
3
B
2 A
3 B
4 1 territorial jurisdiction
2 exclusive
3 personal jurisdiction
4 concurrent
5 forum shopping
6 legal bodies
7 subject jurisdiction
5 Suggested Answer
There are three main types of jurisdiction. Firstly there
is personal jurisdiction, the authority over a person.
Secondly there is territorial jurisdiction or authority
over an area, and lastly there is subject jurisdiction
which is authority over a particular subject.
6
D
2 C
7 1 territorial
2 adjudicate
3 concurrent
4 welcome
5 legal bodies
6 favor
Answer Key
7
Book
Answer Key
8 Suggested Answer
8 Suggested Answer
A: Your honor, I don't believe that Juror 5 should sit
for this trial.
B: Why?
A: Due to an answer he gave to one of my
questions. He said that violent computer games
have made young people nowadays more likely
to commit crimes.
B: And you're concerned that he will be unfair
towards the defendant.
A: Exactly. My client's only twelve.
B: Fair enough. Juror 5 is released.
A: Thank you, your honor.
B: We'll continue the process after the clerk of the
court calls in another juror.
A: Which court is this case going to?
B: Probably to the district court. It has territorial
jurisdiction.
A: Okay. But in this case, a subject-specific court
can also adjudicate. Right?
B: I don't think so. I'm pretty sure no other legal bodies
have authority. But you're welcome to check.
A: I will do. I think jurisdiction is concurrent, and a
subject specific court might be more likely to rule
in our favor.
B: I hope that's true!
9 Suggested Answer
The case is likely to go to the district court because
it has territorial jurisdiction.
Mr. Ryan believes that a subject-specific court can
also adjudicate.
We must check whether there is concurrent jurisdiction.
Then we can choose a court that is more likely to rule
in our favor.
9 Suggested Answer
Jury Notes
Today we released a juror. I thought he would be
unfair towards the defendant.
I believe this because he said that young people
nowadays are more likely to commit crimes as a
result of playing violent video games and the
defendant is only 12 years old. The judge agreed and
asked the clerk of the court to call in another juror.
Unit 8
1 Suggested Answers
1 During a trial the jury, judge, bailiff, the clerk of the
court and the attorneys must be present in the
courtroom.
2 Lawyers can interview jurors and ask specific
questions to determine if they will be able to give
an unbiased verdict in the trial or will be
prejudiced against the case.
2
F
2 T
3 F
3 1 C
2 E
3 A
4 B
5 F
6 D
4
2 B
3 A
A
Unit 9
1 Suggested Answers
1 Before a case can go to court the defendant has
to be formally charged with a crime or offense.
Attorneys may need to exchange documents
pertaining to the trial, and the prosecution must
present their evidence to a judge to prove that
they have a valid case. There may also be an
opportunity for the parties to settle the case
without going through court.
2 A jury might not be able to agree on a verdict if
there are strong differences of opinion among the
jurors. This could be because case is very
controversial, or the evidence is confusing.
4 B
5 Suggested Answer
When you report for jury duty you are asked a series
of questions by the defense and prosecution attorneys
to find out if you are a suitable juror for the case. If
you are not chosen for the jury you will leave after
the questioning. If you are chosen then you will do
jury duty for the trial and help decide on a verdict.
6
A
8
Answer Key
B
2 C
3 1 acquitted
2 suppress
3 D
3 plea bargain
4 discovery
4 1 sentenced, charged
2 arraignment, trail
3 mistrial, pre-trial hearing
2 D
7 1 juror
2 reason
2
3 unfair
4 defense
5 proceedings
6 clerk
5
T
2 F
3 T
Book 1 Answer
3 discovery
4 trial
6 1 pre-trial hearing
2 suppress
5 mistrial
6 handle
7 Suggested Answer
B: Hello, Richard Burke speaking.
A: Richard, it's Elizabeth Smith. I'm calling about the
pre-trial hearing on Monday. How was it?
B: Not so good. The judge suppressed a lot of our
evidence.
A: Oh, no. Do we have a trial date? Will we have
enough time to prepare the evidence we do have?
B: This is the good news. The trial's not until April.
Lots of time.
A: I agree. I still want to handle the case myself.
B: Okay, just do your best. Looks like we'll lose this
one, anyway.
6
A: Your Honor, may I have permission to approach
the bench.
B: You may.
A: Your Honor, I have evidence that this witness
worked with my client.
B: But he just told us he had never met your client
before.
A: I know. He's changing his story even though he's
under oath.
B: Are you accusing the witness of perjury?
A: Yes. He should be removed and investigated.
B: That's a very serious charge. You must follow
protocol to do that.
9 Suggested Answer
Complaint
Attorney: Mr. Rodriguez
What is the accusation? Perjury
Is there evidence: Yes
If yes, what is it: Records of employment show the
witness worked with my client.
Required action: Removal and investigation of witness.
1 Suggested Answers
2 1 protocols
2 All rise
3 lies
4 addressing
3 1 under oath
2 address
3 approach the bench
4 off the record
4 1 B
2 C
3 B
4 B
Unit 11
1 Suggested Answers
1 Yes, I do think that people can commit crimes for
good reasons. If someone breaks into a factory
that manufactures bombs and damages the
machinery, they are guilty of trespass and harm
to property, but they committed the offence with
the aim of saving innocent lives.
2 For minor crimes such as burglary or harm to
property, probation or community service are fair
punishments. For major crimes, such as murder,
going to jail is a fair punishment. I believe capital
punishment is never fair, because it is a crime itself.
5 A
6 C
5 Suggested Answer
In court before the judge enters you will hear the
clerk of the court say "All rise" and you must stand
up. You are sworn in by the clerk. After you have
been sworn in you are under oath and you must not
lie. If you lie you can be charged with perjury. In the
courtroom you must not interrupt the judge and you
have to call him "Your Honor". Only the lawyers may
approach the bench, where they may talk to the
judge off the record from the well, the area right in
front of the bench.
4 perjury
5 removed
6 protocol
8 Suggested Answer
Unit 10
1 It is important to behave properly in a court room in
order to make a good impression on the judge and
jury. It is also a sign of respect for the judicial system.
2 People can find information about court etiquette
on the Internet, in libraries and legal books, and
from their attorneys.
2 A
7 1 approach the bench
2 evidence
3 under oath
8 Suggested Answer
Date of Hearing: 21st December
Jury's decision or evidence: Suppressed 3/4 of our
evidence
Trial scheduled for: 20th April 2011
Who will handle case: Elizabeth Smith.
A
Key
2 1 probation
2 trespassing
3 jail
4 murder
3
B
2 B
3 A
4 A
5 B
4
B
2 A
3 C
4 A
5 B
Answer Key
9
Book
Answer Key
5 Suggested Answer
3
Criminal law punishes those people who commit
crimes.
For minor crimes, such as trespassing you may get a
fine.
If a criminal commits the same offence many times
they may go to jail.
T
6
2 F
7 1 probation
2 trespassing
4 1
convicted
4 jail
Unit 12
1 Suggested Answers
1
People take legal action against other people for
many reasons. These can include unfair treatment
at work, injury to person or property as a result of
someone else's conduct, and disputes with
neighbors or family members.
2 Courts award money to plaintiffs who win their
cases as compensation for the mental, physical
or monetary damages they may have suffered as
a result of the defendant's action. These damages
also act as a deterrent against future misconduct
on the part of the defendant.
2 1 C
10
Answer Key
2 D
3 D
5 D
4 injunction
5 liability
compensation
The successful applicant will deal mainly with tort law
cases. The cases will mainly concern suing for
monetary damages as a result of personal injuries.
The successful applicant will also be responsible for
helping clients file for injunctions and for proving
liability and establishing the negligence of defendants.
Other cases the candidate may be involved in will
concern probate and divorce.
8 Suggested Answer
I recommend that the defendant should be put on
probation.
I feel this way because, in spite of the fact that he
has been in trouble before, he is a good man and I
do not believe he will offend again.
I do not want the defendant to receive a sentence
of three months in jail.
That sentence would be disproportionate to the
nature of the defendant's offense.
4 C
5 Suggested Answer
6 offend
9 Suggested Answer
3 E
3 punitive damages
5 crime
B: Let's talk about the sentencing? My client doesn't
deserve to go to jail. Will you recommend probation?
A: Why would I do that?
B: My client's crime wasn't violent. He was only
trespassing.
A: I take your point - but he was convicted for theft
only last year.
B: True. But he was punished for that and he doesn't
deserve to go to jail now.
A: I'm still going to recommend a short term in jail. I
just don't want him to offend again.
2 B
2 sue
3 T
3
A
T
6
2 T
7 1 tort law
2 injunctions
3 F
3 liability
5 probate
4 monetary damages 6 afraid
8 Suggested Answer
A: Good morning Ms. Adams. Please sit down.
B: Thank you.
A: Let's get started. Do you have any experience
with tort law?
B: I do. At my last job, I filed injunctions against
companies and initiated lawsuits.
A: And were you often able to prove liability and
establish negligence?
B: Very often. Around 80% of my clients were
awarded monetary damages.
A: Excellent. Do you have any experience with probate?
B: I do, but it's very limited, I'm afraid.
9 Suggested Answer
Job title: Civil Law Attorney
Candidates name: Ms. Alena Adams
Experience in tort law: Extensive, in last job filed
injunctions and initiated lawsuits.
Experience in probate: Limited, but has some.
Unit 13
1 Suggested Answers
1
Government agencies make rules for businesses
to prevent them from taking advantage of their
customers or abusing the environment in order to
make more profit. These rules also make sure that
businesses behave fairly towards each other.
2 An attorney can help bu siness owners follow laws
by explaining what legislation they need to comply
with and helping them complete the relevant
paperwork.
Book 1 Answer
2
F
2 T
3 F
3 1 license
2 bureaucracy
3 jeopardize
4 regulations
4
C
2 C
3 B
5
B
2 C
6 1 sit down
2 Health Department
3 compliance
4 A
5 negotiate
3 1 beliefs
2 assertion
3 documentation
4
valid
5
B
Key
4 recommend
7 obtain
5 termination
6 wrongful
2 elicit
3 factual
5 C
4 public health
5 required
6 restaurant
2 C
6 1 cause
2 wrongful termination
3 documentation
4 valid
5 obtain
6 get them
7 Suggested Answer
7 Suggested Answer
A: Mr. Evans, please sit down and tell what I can do
for you
B: Thank you. The issue is that the Health
Department wants to shut down my restaurant.
A: Why is that?
B: The health inspector told me that I'm not in
compliance with regulations.
A: Did the inspector tell you which regulations you
weren't complying with?
B: The problem is that I don't have a public health
license.
A: Okay, I see. All restaurant owners have to have
one. But I can definitely help with that.
B: That's good news. I need it as quickly as possible
to stop them shutting down my restaurant.
8 Suggested Answer
Clients name: Mr. Evans
Legal problem: Health inspector says his restaurant
is not in compliance with health regulations.
Details: Needs a public health license.
A: So, please tell me what's going on Miss Crane?
B: Well, last week, without warning from my boss, I
was asked to pack up all my things and leave the
office. I even had security guards escort me out.
A: I'm sorry you had to go through that. Do you have
any idea why your employer took this action?
B: Not at all. I thought I was doing a really good job.
A: Then, you're obviously interested in filing a lawsuit
of wrongful termination of employment against
your boss.
B: Very much so! I had a pay rise one month before
I was let go. It just doesn't make sense.
A: Do you have documentation to support your
assertions?
B: Yes, I have kept everything.
A: OK, no need to worry now. What you have told me
so far suggests you have a strong claim. Please
send me all the documents in your possession. I will
review them, and then we can move forward. A
statement of facts will be very useful, too.
B: Thank you so much for your help. Wonderful. I'll
send you the papers tonight.
A: You're welcome.
Unit 14
8 Suggested Answer
1 Suggested Answers
1 An attorney will start by asking a new client for
details about their case. The attorney will try and
elicit as many facts about the case as possible.
They will also ask the client if they have any
documentation to support their claim.
2 An attorney might not take a case if they believe
they are very unlikely to win it. They may also
refuse cases that could easily be settled outside
of court, or those with insufficient basis or
evidence for a trial. Attorneys may not take cases
that are outside their field of expertise and require
a great deal of research.
2 1 T
2 F
3 F
Clients name: Georgina Crane
Reason for visit: potential wrongful termination
Has documentation: ~/N Said she would send them
tonight.
If yes, what type: Not sure yet, but may have
certificate in pay rise.
Recommend accepting case: ~/N
Unit 15
1 Suggested Answers
1
A witness can help your case by giving testimony
to support it. For example, an eyewitness account.
However witnesses who lie, either to support or
damage your case, can harm it by making it seem
weak.
Answer Key
11
Book
Answer Key
2 Friendly witnesses, those who support your case,
hostile witnesses, those who don't support your
case, eyewitness, those who saw an incident first
hand and expert witnesses, who offer expert
opinions on matters related to a case.
2
T
2 F
3 T
3
B
2 A
3 D
4 E
5 C
8 Suggested Answer
A: Thanks for coming in today. The reason I asked
B:
A:
B:
A:
4 1 first hand
2 qualifications
3 prejudiced
4 credibility
5 statement
B:
A:
5 Suggested Answer
B:
A reliable witness can really help a court case.
Unfortunately, not all witnesses are reliable. If you aren't
sure about your witnesses' credibility it could destroy
your case. There are 4 main types of witnesses.
A friendly witness is one who supports your case, but
this could mean that they are biased and they may
lie in court to try and support the case. This can make
your case seem weak. A hostile witness, one who
doesn't support your case, can cause similar problems
by making false statements against the case.
Eyewitnesses, those who saw events firsthand, may
not be credible if they didn't see the event clearly.
There can even be problems with expert witnesses,
so it is always important to check their credentials.
6
B
2 C
7 1 expert witness
2 happy
3 qualifications
12
Answer Key
4 eyewitness statements
5 accounts
6 credible
you here is because I need an expert witness for
a case.
Well, I'd be happy to help you.
That's good news. First, I just need to confirm your
qualifications. How long have you been in the
police force?
I've been an officer for 19 years.
Great. My problem is that eyewitness statements
say that my client was at the crime scene.
And he wasn't?
No. He only looks like the suspect.
Eyewitness accounts certainly aren't always reliable.
9 Suggested Answer
Witnesses's name: Detective Jones
Type of witness: Expert
Opinion of eyewitness accounts: Not always credible
Audioscripts
Unit 1
Attorney 1 Hi, Robert. How is that civil case going?
Attorney 2 Hey, Janet. It's not going all that well, actually.
Attorney 1: Oh? What's wrong?
Attorney 2: The defendant's attorney is pretty good. He's
making our complaint seem weak.
Attorney 1: Well, it's not, is it?
Attorney 2: No, the defendant owes my client thousands
of dollars. But that's based on a verbal agreement.
Attorney 1: I see. So the plaintiff has nothing in writing?
Attorney 2: Exactly. I'm worried that the jury will decide
against us.
Unit 2
Lawyer: Hello, Mr. Williams. I received an offer from Ms.
Johnson's lawyer. She's ready to end this dispute.
Client: Really? What do we need to do?
Lawyer: Well, she's not dropping the lawsuit unless you
agree to settle.
Client: What is she asking for?
Lawyer: She wants you to pay for half of the damages
to her car.
Client: But I didn't wreck her car! Someone else ran into it.
Lawyer: I know. But since you have no proof, I suggest
you settle.
Client: I don't like it. But I guess you're right.
Unit 3
Lawyer: Oh, Mary, you're back. Did the law library have
anything to help our case?
Paralegal: Yes, there were several similar cases in the
legal encyclopedia. Apparently, judges often dismiss
cases against young defendants.
Lawyer: Okay. Do those defendants have anything in
common?
Paralegal: According to the case annotations, none of
them had any previous convictions.
Lawyer: That's perfect.
Paralegal: I also gathered primary materials about crimes
involving young offenders.
Lawyer: Thank you. Can you do me one more favor? Write
a summary of the statutes on young defendants.
Paralegal: No problem.
Unit4
Lawyer 1: So, why is Great Cars Incorporated being
sued?
Lawyer 2: They didn't follow national legislation on brake
testing procedures.
Lawyer 1: I see. And a driver got in an accident?
Lawyer 2: Right. Now he's suing them for $1 million.
Lawyer 1: It sounds tough to beat.
Lawyer 2: We have a shot. There's a precedent from a
lawsuit against Car Masters.
Lawyer 1: I almost took that case. They didn't meet state
law requirements for seat belts, right?
Lawyer 2: Yes. But a judge dismissed the case when
they weren't able to follow the statute.
Unit 5
Lawyer: Janine, I've signed the fee agreement and the
intake memo for Mr. Hendricks.
Paralegal: Thanks. What about the retainer agreement?
Lawyer: Oh, sorry, it's probably still in my office.
Paralegal: Don't worry, I'll get it.
Lawyer: Have you got a copy of the demand package
we sent for his medical records?
Paralegal: Yes, the records are in his pre-litigation folder.
Lawyer: Good. Send that to him too, and don't forget to
include the form letter.
Paralegal: No problem.
Unit 6
Client: So, is my case going to the state courts?
Attorney: No, that's not going to happen.
Client: Why not? It's a dispute with the state.
Attorney: Well, district courts usually have jurisdiction
over smaller cases like yours.
Client: I see. What do we do if the district court decides
against us?
Attorney: We ask for the case to be reviewed in the
Court of Appeals.
Client: And they have to review it, right?
Attorney: Yes. There's no discretionary review in appeals
courts. That's reserved for the Supreme Court.
Unit 7
Lawyer 1: Which court is this case going to?
Lawyer 2: Probably to the district court. It has territorial
jurisdiction.
Lawyer 1: A subject-specific court is able to adjudicate
this matter too, right?
Lawyer 2: I don't think so.
Lawyer 1: Really? I thought jurisdiction was concurrent.
Lawyer 2: You're welcome to check. But I don't think any
other legal bodies have authority.
Lawyer 1: I'll find out. I think we could choose a court
more likely to rule in our favor.
Lawyer 2: I hope you're right.
Answer Key
13
Audioscripts
UnitS
Unit 11
Attorney: Your Honor, I don't believe that juror four should
sit for this trial.
Judge: For what reason?
Attorney: One of his answers to my questions. He
believes that young people are more likely to commit
crimes these days.
Judge: And you're worried that he will be unfair toward
the defendant?
Attorney: Yes. My client is only seventeen years old.
Judge: The defense has a point. We'll release him.
Attorney: Thank you, Your Honor.
Judge: We'll continue the proceedings after the clerk of
the court calls in another juror.
Defense Lawyer: Let's talk about the sentencing. My client
doesn't deserve to go to jail. Will you recommend
probation?
Prosecutor: Why would I do that?
Defense Lawyer: His crime wasn't violent. He was only
trespassing.
Prosecutor: But he was convicted of assault and battery
two years ago.
Defense Lawyer: Yes, but he was punished for that.
Prosecutor: I'm still recommending that he go to jail.
Defense Lawyer: That seems unnecessary for such a
small crime.
Prosecutor: I just don't want him to offend again and hurt
an innocent person.
Unit9
Attorney 1: Hello, Fiona Barksdale speaking.
Attorney 2: Fiona, it's David. I'm calling about the pre-trial
hearing yesterday. How did it go?
Attorney 1: It went really well. The judge didn't suppress
any evidence.
Attorney 2: That's good. I was worried when the defense
attorney requested discovery. When is the trial
scheduled for?
Attorney 1: November. We still have some time to prepare.
Attorney 2: Good. I really don't want this to end in a
mistrial.
Attorney 1: Me neither. In fact, I'd like to handle it myself.
Attorney 2: Good. I think you can win it.
Unit 12
Interviewer: Good morning, Mr. Raymond. Please sit down.
Job Candidate: Thank you.
Interviewer: Let's get started. Do you have any
experience with tort law?
Job Candidate: Yes. At my last job I filed injunctions
against companies and initiated lawsuits.
Interviewer: Were you often able to prove liability and
establish negligence?
Job Candidate: Yes, my clients were awarded monetary
damages in about 75 percent of my cases.
Interviewer: And do you have any experience with
probate?
Job Candidate: I'm afraid I don't. Sorry.
Unit 10
Attorney: Your Honor, may I have permission to approach
the bench?
Judge: You may.
Attorney: Your Honor, I have evidence that this witness
attended college with my client.
Judge: But she just said that she doesn't know your client.
Attorney: I know. She's changing her story even though
she's under oath.
Judge: Are you accusing the witness of perjury?
Attorney: Yes. She should be removed and investigated.
Judge: That's a serious charge. You need to follow
protocol to do that.
14
Answer Key
Unit 13
Attorney: Mr. Mclntyre, please sit down and tell me what
I can do for you.
Client: Thank you. The Health Department wants to shut
my restaurant down.
Attorney: Why do they want to do that?
Client: The health inspector said I'm not in compliance
with regulations.
Attorney: Did the inspector say which regulations you
aren't following?
Client: Well, the problem is that I don't have a public
health license.
Attorney: All restaurant owners are required to have one.
I can help you with that.
Client: That's great. I need it as soon as possible to keep
my restaurant open.
Audioscripts
Unit 14
Attorney: Welcome, Mrs. Smith. Please, tell me what's
going on.
Client: Well, I was fired without cause last week.
Attorney: So, you're interested in a wrongful termination
suit?
Client: Exactly. For years I got great reviews from my
bosses. Then suddenly, I was let go.
Attorney: I see. Do you have documentation to support
that claim?
Client: Yes. Several years' worth, actually.
Attorney: Excellent. I think you have a' valid complaint. As
soon as we obtain those reviews, we'll take the case.
Client: Great. I'll get them right now.
Unit 15
Lawyer: Thanks for coming in, Detective. I'll get to the
point. I need an expert witness.
Detective: I'd be happy to help.
Lawyer: Great. And just to confirm your qualifications,
how long have you been a police officer?
Investigator: I've been on the force for fifteen years.
Lawyer: That's good. Now, eyewitness statements say
that my client was at the scene of a crime.
Investigator: But he wasn't there?
Lawyer: No. He just looks like the suspect.
Investigator: Well, eyewitness accounts aren't always
credible.
Answer Key
15
Answer Key
Unit 1
1 Suggested Answers
1 Before a trial lawyers exchange: information about
witnesses, evidence to be presented at the trial,
results of mental and physical examinations,
documents relevant to the case (such as financial
records or letters) and interrogatories, a list of
questions to be answered about the case.
2 The process of exchanging information before a
trial is called discovery. Lawyers send the
opposing party requests for production, which are
demands for documents pertaining to the case,
and interrogatories, lists of question about the
case. They may also request medical or mental
examinations. Lawyers may also wish to interview
the opposing party's witnesses before the trial. In
this case, interviews with the witness take place
with both parties present. Depositions, written
transcripts of these interviews, are made for the
lawyer's use.
F
2 T
3 F
3 1 B
3 A
5 D
2 C
4 F
6 E
A
2 C
3 A
2
4
4 B
5 A
5 Suggested Answer
•
•
•
I am writing about the Peterson case; I have
received the interrogatory from the opposing
attorney, Mr. Truesdale, but we are still waiting for
the request for admissions.
Mr. Truesdale also requested a physical examination
of Mr. Peterson and asked if you could contact
him about an out-of-court settlement.
Lastly, I need to know if it is necessary to issue a
subpoena because if so, I will request one from
the court.
2
~
3
~
6
./
7 1
2
3
4
5
6
update you
going on
discovery documents
interrogatory
physical examination
privileged
4 ./
B: Good morning, Mr. Sellers. I want to update you
on your case.
A: Sure. What's happening?
Answer Key
9 Suggested Answers
What kind on information did the opposing attorney
send?
Discovery documents. Interrogatory.
What has the opposing attorney requested?
Physical examination.
What happens if the witness ignores the subpoena?
Possible contempt of court. Penalties.
Dear Mr. Sellers,
Here is a quick update on your case. The defendant's
attorney has sent us the discovery documents and
the interrogatory. They have requested that you go
for a physical examination. Please call the Sunny Dale
surgery on 389 4939 to arrange an appointment with
Dr. Green. Lastly, the witness has been sent a
subpoena, which means she will have to testify or she
will face charges of contempt of court and perjury.
Yours,
Lisa Macmillan
Paralegal.
5 ./
8 Suggested Answer
16
B: Remember the discovery documents we asked for
two weeks ago? We received these yesterday from the defendant's attorney.
A: Great. Did he complete the interrogation as well?
B: You mean the interrogatory. Yes, he did. But he
also wants you to have a physical examination.
A: Can't they just talk to my doctor?
B: I'm afraid not. Any information you share with your
doctor is privileged.
A: Fair enough. So, what do I need for the physical
examination?
B: Here's the address for the doctor's office. Just
show up there at 9 am on Wednesday 5th March.
A: And the witness who saw the accident? Is she
going to testify?
B: She should. The court sent a subpoena to her
today ('subpoena' is the legal word for a witness
summons). If she refuses to testify, she could be
held in contempt of court and face penalties.
Unit 2
1 Suggested Answers
1 You can submit a formal statement to a court either
by appearing in court and testifying orally under
oath, or by submitting an affidavit. An affidavit is the
written testimony of a witness, confirmed under
oath and signed before a notary. It can be read in
court in place of a witness giving oral testimony.
2 A witness can help a case by confirming facts,
presenting eyewitness testimony or giving an
expert opinion on an issue.
Book 2 Answer
2
A
2 C
3 D
3
A
2 E
3 C
4 B
5 D
4
A
2 A
3 B
4 B
5 B
5
F
2 F
3 T
written records also means a case can be easily
transferred to another lawyer if necessary. In
some cases, written documents are also required
to be kept by law.
2
6 1 coming in
2 signed
3 leave anything out
4 in court
5 go to trial
6 on the stand
7 Suggested Answer
A: Thank you for coming in today, Ms. Brook.
B: No problem at all. I just hope I can be of some
assistance.
A: I'm sure you can be. Now, I have your signed
affidavit here. Is it complete and correct?
B: Yes. I know it's short, but it's everything I saw.
A: That's okay. We only need the facts about what
you witnessed. You're certain that you haven't
omitted anything?
B: Yes - it's all there. So, will I have to testify in court,
too?
A: Probably not. I doubt this case will go to trial.
B: Oh, I see.
A: But on the off chance that it does, will you be
happy to take the stand and attest to this
information?
B: Yes, of course. Mr. Green loves that piano.
A: Your testimony will be very useful in getting it
fixed. Thanks again.
Key
F
2 T
3 F
3 1 legal memorandum
2 pertinent
3 assignment
4 conclusion
5 citations
4 1 issues
2 recommendations
3 heading
4 analysis
5 statement of facts
5 Suggested Answer
A legal memo is an essay about a legal issue. The
first part of the memo is the heading, which includes
who the memo is to and from, its date, subject and
which office file it refers to. Next comes the
information about your assignment, explaining why
you sent the memo. Following this is a statement of
facts, an analysis of laws pertaining to the case and
citations of other similar cases. To end a summary of
recommendations for the case is given.
6
T
2 F
7 1 write a
2 familiar
3 read the file
3 T
4 legal team
5 citations
6 in mind
13 Suggested Answer
8 Suggested Answer
What is the witness's relationship to your client?
Neighbor.
What did the witness see?
Four removal men dropping Mr. Green's piano as they
lifted it up the steps to his house. The piano hit the
ground and two legs broke off.
Is the witness willing to testify in court on your
client's behalf?
Yes.
Unit 3
1 Suggested Answers
1 Legal memorandums are usually written by
paralegals, law students or lawyers.
2 It is important to keep written records of legal
matters so you can keep track of a case. Keeping
B: Hi, Kelly. Would you write a legal memorandum for
me today?
A: Yes, I can do it this afternoon.
B: It's about the Stone case. Are you familiar with it?
A: Yes, I've read the file.
B: Good. I would like you to summarize the legal
issues to send out to our legal team.
A: Do you want me to include an analysis as well?
B: Yes. And don't forget to include any citations you
find regarding similar cases.
A: Do you have any cases in mind?
B: Thompson versus Jones is one. Maybe Reynolds
versus Johnson too.
A: Okay, I'll start with those. When do you want this
to go out?
B: Asap. Thanks, Kelly.
Answer Key
17
Book
~ Answer Key
evidence and decide if a case will be heard in court.
Amicus briefs are filed by people not directly involved
in the case, such as advocacy groups. Lastly,
appellate briefs are used in appeals cases and they
explain why the previous decision was wrong.
9 Suggested Answer
What information appears in the heading
Who memo is to and from, date, subject, file name
and number.
Which pertinent cases should the assistant look
at for citations
Thompson versus Jones, Reynolds versus Johnson
When should the memo be sent out
Today
Dear Kelly,
Please can you write me a legal memorandum on the
Stone case. Your heading should include who the
memorandum is to and from; the date; the subject it
is regarding; and the file name and file number.
After you have summarized the issues of the case I
would like you to provide a brief analysis; in oth~r
words, your opinion on the merits of the case and the
chances it has of being successful. I believe that
Thompson versus Jones and possibly Reynolds
versus Johnson, are cases that are relevant to ours.
Please could you check this, and include citations for
any other cases you feel to be pertinent.
This case is quite urgent now, so if you could get this
memo out today that would be great.
Regards,
Monica
T
6
2 F
3 T
7 1 trial
2 to prepare
3 important
4 legal briefs
5 officials
6 left to file
8 Suggested Answer
A: Morning, Gerry. I see the court has given you a
trial date.
B: Yes, Dave - 7th April. We're working hard to prepare.
A: You have a mountain of briefs, too, I see!
B: Yes, sorry about that! This is an important case for
us. The legal briefs are in the top folder; amicus
briefs are in the second. There's a big one from the
American Civil Liberties Union - and Lambda Legal.
A: Okay, I'll ensure they get to the right officials.
B: Great, thanks.
A: Have you filed the merit briefs as well?
B: Not yet. We have until Friday to file those, so I'm
hoping to bring them in before Thursday.
A: See you towards the end of the week, then.
B: See you then. Thanks again.
Unit4
9 Suggested Answer
1 Suggested Answers
1 Before a trial commences lawyers submit legal
briefs to a court. These briefs specify a party's
legal position and give reasons why the court
should decide in its favor.
2 The losing party can try to appeal their case with
a court of appeals.
2
F
2 T
3 T
3
A
2 B
3 A
4 1 briefs
2 dismissed
3 merit brief
Unit 5
1 Suggested Answers
4 legal position
5 unbiased
6 advocacy group
5 Suggested Answer
There are 5 main types of briefs. Legal briefs state a
party's legal position and are given to the court
before a trial begins. Trial briefs are used by attorneys
to help them argue their case after a trial starts. Merit
briefs are impartial descriptions of a case based on
18
Answer Key
What types of briefs have been filed?
Legal briefs. Amicus briefs.
When is the court date for this case?
7th April.
Which advocacy groups have filed amicus briefs?
American Civil Liberties Union. Lambda Legal.
1 Lawyers issue motions to request that judges
issue a ruling or order on a legal matter. Motions
can be helpful in reducing trials to their core
disputes. However, they can also be a used
tactically by lawyers to get evidence for their
case, or to discount the evidence of an opponent.
2 Motions can; ask the court to change the venue
of the trial, ask the court to set aside a ruling or
jury decision because of an error or exclusion, ask
the court to give a witness or party protection, ask
the court to make an immediate judgment without
Book ~
a trial, ask the court to demand a specific action
from any party involved in the case, ask the court
to dismiss an issue as irrelevant to the case, or
ask the court to remove all or part of one party's
evidence or witnesses testimony.
2 1 motion
2 proceedings
Unit 6
1 Suggested Answers
1 Accidents that often lead to court settlements
include, accidents at work, such as slips, trips and
falling accidents, car accidents, dog attacks,
industrial disease, medical negligence and holiday
accidents.
2 After suffering an injury a person might hire a
lawyer to sue the guilty party for damages. These
damages compensate for any mental, physical or
monetary harm the plaintiff suffered as a result of
the injury.
3 motion to dismiss
4 ruling
3
B
2 A
3 A
4
B
2 C
3 A
5
C
2 B
6 1 ruling on
2 motion
3 to strike the
D
2 B
3 C
3 1 E
2 D
3 A
4 C
5 F
6 B
2
4 grounds
5 courthouse
7 Suggested Answer
B: Can you help me to prepare a motion this morning?
A: Yes, is it for the Simpson trial?
B: Yes.
A: We're still waiting for a ruling on our motion for
change of venue in that case.
B: I expect the judge will issue that ruling today.
A: What type of motion are we working on today?
B: A motion to strike the testimony of their witness.
A: How come?
B: She is over eighty years old and has very poor
eyesight. There is no way she could have seen
what she says she saw.
A: I see. I'll draft the motion now and it should be
with you in about an hour.
B: Many thanks. Could you bring it to the courthouse
when it's done.
A: No worries.
8 Suggested Answer
What kind of motion needs to be prepared?
Motion to strike testimony of a witness.
What are you waiting for the judge to issue a
ruling about?
Change of venue.
When will the new motion be brought to the
courthouse?
In about an hour.
Answer Key
4 1 intent I injured party
2 civil litigation I defamation
3 tort action I harm to property
5
B
2 D
6 1 appointment
2 your case
3 trespassed
4 want to sue
5 specialize in
6 Tuesday
7 Suggested Answer
A: Good morning: Jetson and Lee.
B: Good morning. I'd like to make an appointment to
talk to a lawyer about a tort action.
A: Okay. Can you tell me about your case?
B: A group of local teenagers have damaged my car.
A: I see, and was it deliberate?
B: Absolutely, I told them off for making too much
noise and then they smashed the windows of my
car.
A: I'm sorry to hear that. So obviously you would like
to sue for damages.
B: Yes, for harm to property.
A: Well, you've come to the right place. These are
exactly the kinds of cases that we specialize in.
B: I gathered that from your website.
A: Okay, then, can you come in to meet Mr. Ponting
on Monday at 10?
B: That's perfect. I look forward to meeting him then.
Answer Key
19
Answer Key
8 Suggested Answer
6
What kind of legal action does he or she want to
talk about?
Intentional tort
What/who caused the harm or injury?
A group of local teenagers.
What types of damages does he or she want to
be reimbursed for?
Broken car windows.
Notes: A Mrs. Smith called to discuss a potential tort
action. A group of teenagers have damaged her car
and she believes the act to be deliberate. She wants
to sue for harm to property. I have made an
appointment with Mr. Ponting for Monday at 10:00am.
Unit 7
Suggested Answers
1 All kinds of injuries can result from negligence,
including broken bones, fractures and sprains, back
and neck injuries, burns, cuts and repetitive strain
injuries. These can be caused by poor equipment,
faulty machinery or unsafe working conditions.
2 As a result of injury, people may lose income from
lost hours of work. They may suffer a great deal
of pain and stress. Medical care can be very
expensive and people may end up in debt as a
result of their injuries. People sue for compensation
to help them deal with these problems.
2
T
2 F
3 T
3 1 harm
4 prudence
5 actual cause
6 breach of duty
2 compensation
3 duty of care
4
A
2 A
3 B
4 A
5 Suggested Answer
The memo is about a negligent tort case. A woman,
Ms. Willus, slipped and fell because of the uneven
ground in a shopping centre. Ms. Willus wants
compensation for mental and physical injury and the
time she was off work. In this case the duty of care
falls to the shopping center's owners, who didn't take
enough ~are to avoid risk or injury. The attorney
dealing with the case has just received witness reports
that clearly prove the other party is liable because
they did not meet a "reasonable person" standard.
20
Answer Key
F
2 T
3 F
7 1 witness reports
2 opposing party
3 liability
4 not met
5 proximate
6 strong case
8 Suggested Answer
A: Good morning, Kay.
B: Good morning, Mr. Byron. Did you get my memo
about the Wilder case?
A: I did, thank you. Do you have the witness reports?
And the compensation figures?
B: Right here.
A: Good. Will you copy them for the other side and
then bring me the file?
B: Sure. I think we have proved liability, don't you.
A: I do. It all rests on whether the judge agrees duty
of care was breached.
B: The proximate cause of her fall was definitely the
uneven paving stones on the sidewalk.
A: I agree. Have you checked in on Mrs. Wilder? Is
she walking again yet?
B: Yes, she came off crutches yesterday, and
spoke to her on the telephone this morning.
A: Good for her.
9 Suggested Answer
How was the client injured?
Tripped due to uneven paving stones on the sidewalk.
What do the witness reports say?
Witnesses saw Mrs. Wilder fall after she tripped on
uneven paving stones on the sidewalk.
Who is at fault for the accidents?
Local council. They failed to repair, or mark the
uneven sidewalk.
To: Mr. Byron
From: Kay Fields
Date: May 30
RE: Wilder Case: Negligent tort
Dear Mr. Byron,
I have received the witness reports for the Wilder
case. The evidence proves the other party's liability.
I am certain that they did not maintain a "reasonable
person" standard and have breached their duty of
care. The proximate cause of her fall was definitely
the uneven sidewalk.
I have spoken to Mrs. Wilder and she came off
crutches yesterday.
Best
Kay Fields.
Answer Key
UnitS
B: I will draft a letter, coming from our law firm ,
including a settlement request.
A: Okay; and what if she ignores this letter, too?
B: Then we take your neighbor to court.
1 Suggested Answers
1 Neighbors seek legal solutions for disputes if they
cannot resolve a problem themselves. This may
be because one party refuses to communicate or
cooperate with another. Because legal rulings are
enforceable, taking legal action against a neighbor
also forces them to change their problematic
behavior.
2 Excessive noise, gangs in the streets, aggressive
pets, litter, abandoned vehicles and traffic are all
considered a nuisance in residential neighborhoods.
2 1 nuisance
2 property
9 Suggested Answer
What is creating the nuisance?
Neighbor's dog and the neighbor's refusal to
communicate.
How does it interfere with the neighbor's lives?
Excessive noise. Can 't sleep at night.
What will happen if the recipient does not respond
to the letter?
The issue will be settled in court.
3 interferes
4 allegation
Unit 9
3
B
2 A
3 A
4 A
4
C
2 A
3 B
4 B
1 Suggested Answers
1 Poor quality, old or faulty equipment and illmaintained buildings or work sites may make a
situation unsafe. Inadequate safety information or
lack of protective clothing can also be dangerous.
2 A wildlife park keeps their animals enclosed in
strong cages. The animals are well looked-after,
and the staff are well-trained. However, one day
a herd of deer escape and cause damage to
local property. Even though they did everything
they could to prevent such an escape, the wildlife
park is still legally responsible for the damage.
5 Suggested Answer
Ms. Gomes has a problem with her neighbor Ms.
Brown. Ms. Brown's dogs cause a lot of noise and
wake Ms. Gomes and her other neighbors up early in
the morning. They have spoken about the problem
before but nothing has changed. Ms. Brown refuses
to meet with a mediator so Ms. Gomes may have to
take legal action.
6
F
2 T
3 T
7 1 demand
2 small claims court
3 respond
2
4 is the problem
5 alternative
8 Suggested Answer
B: What's the problem?
A: I have a neighbor whose dog barks all day and night.
It's very difficult to sleep at night because of this.
B: Ah, excessive noise.
A: Yes, it's such a nuisance. What can I do?
B: Well, before you think about taking her to court,
you should send her a demand letter.
A: I've already sent her a letter asking her to meet
me. I really don't want to have to get the police
involved. And I would rather avoid the small claims
court.
B: Okay, one step at a time. So: you say she didn't
agree to meet you?
A: No, she didn't even reply.
F
2 T
3 F
3 1 Hazardous
2 culpability
3 demonstration of fault
4 1 good faith / damage
2 legal responsibility / absolute liability
3 precaution / strict liability
5 Suggested Answer
Liability is being legally accountable for something
but being liable does not mean that you have
intentionally done something wrong. Sometimes, even
though you may have taken all the necessary
precautions an accident happens that damages
someone or something. In these cases, whoever was
responsible for what caused the damage is at fault.
When culpability can be proved, even if damage was
unintentional, the case comes into the category of
absolute liability.
Answer Key
21
Book 2 Answer Key
6
.!
2 X
3 .!
7 1 in an accident
2 every precaution
3 broke her leg
4 .!
5 X
4 strict liability
5 discuss with
Unit 10
1 Suggested Answers
1 Manufacturers are responsible for a defective
product, unless it has been damaged in transit, in
which case, suppliers or distributors may be at fault.
2 A consumer might contact a lawyer if they had
been injured by a dangerous or defective product.
They might also contact a lawyer if a product had
been marketed incorrectly and its use had
resulted in damage to person or property.
8 Suggested Answer
B: You have some questions for our legal team, Mr.
Sellers.
A: Yes. Questions about my company's liability in an
accident.
B: Okay, do tell me. I will note them down and a
lawyer will get back to you.
A: Super.
B: So, what happened?
A: There was an accident at our work site. I can't
see how it happened. I honestly believed we had
taken every precaution. No one could call our
work site unsafe.
B: What was the accident? Was someone hurt?
A: Yes, a woman cut her arm badly on one of our
industrial machines.
B: I see. Sounds like you could have to prepare
yourself for a claim of strict liability.
A: Oh. So, what is my legal responsibility?
B: I'm afraid I can't answer that. You'll need to
discuss it with one of our qualified practitioners.
He or she will get back to you very soon.
A: Okay, then, I'll wait to hear back.
2
Dear Mr. Gomez,
I just had a call from a Mr. Sellers about his company's
liability for an accident. He believes his company had
taken all the necessary precautions to keep their
work site safe and prevent an accident. However, a
woman has been injured using an industrial machine.
Mr. Sellers needs advice about his legal position in
terms of strict liability.
Speak to you later,
Andrew
22
Answer Key
2 B
3 C
3 1 defective
2 retailers
3 consumer protection laws
4 dangerous
5 safety
6 class action suit
4
A
2 B
3 C
5 Suggested Answer
Manufacturers, suppliers and distributors are all
responsible for product safety.
The consumer must prove the product was defective,
or that the product was marketed incorrectly for the
defendant to be liable.
However if a product is dangerous then strict liability
applies.
These laws apply in most states in America.
9 Suggested Answer
Did the client take precautions to prevent an
accident?
Believes he did.
What happened to the person who had the
accident?
Woman cut her arm badly on an industrial machine.
What information does the client want the lawyers
to provide?
Details of potential legal responsibility. Specifically, in
what way might client have strict liability for the
accident.
D
6
T
2 F
3 F
7 1 coming in
2 computer stand
3 up to
4 laptop
5 incident
6 falls under
8 Suggested Answer
A: Thank you for coming in today. I understand you
were hurt by a manufactured product.
B: Yes, a defective dining room chair.
A: How was it defective?
B: After it had been delivered I sat down on it and it
collapsed under me. It was already assembled and
I was assured that it was safe.
A: I'm sorry to hear that. How were you injured?
B: I have a wrist and a back injury.
A: Okay. There's little doubt that this potential claim
falls under product liability laws. Did you contact
the manufacturer?
Book 2
of employment and bilateral and unilateral contracts.
Additionally, the successful candidate will look out for
adhesion contracts and breaches of contract and
defend the company's clients if they have been
wronged. Finally, they will help clients with business
loan agreements.
B: Yes, but they haven't responded.
A: That doesn't look good.
B: I know; that's why I called you.
9 Suggested Answer
What product are you writing about?
Defective dining room chair.
How has it injured your body or damaged your
property?
Wrist and back injury.
Who else have you contacted?
Manufacturer/lawyer.
Dear Sir/Madam,
I am writing to complain about a defective product. I
purchased four dining rooms chairs from your website
last week. When they were delivered, I sat down on
one and it collapsed beneath me. As a result I have
a wrist and back injury. I have contacted a lawyer
about the issue and will be pursuing legal action
unless I hear from you soon.
Yours,
Ben Wilkes.
Unit 11
1 Suggested Answers
1 Contracts usually contain: the names of the
parties involved, those parties' obligations and
responsibilities to each other, how they should
perform these duties, payment terms, liabilities,
procedure in the case of breach of contract, the
dates the contract is valid from and to and the
date it was signed and became legally binding
2 An attorney will be able to help you draft a fair,
legally binding contract using the correct legal
language. Getting an attorney to draft a contract
for you can also protect you from costly legal
action later on.
~
T
2 F
3 F
3 1 B
2 D
3 E
4 A
5 F
6 C
4 1 A
2 B
3 C
4 B
5 A
6 A
2
5 Suggested Answer
The successful applicant will mainly deal with writing,
maintaining and updating legal contracts for
manufacturers. They will draft requirements contracts,
distribution agreements, agreements of sale and
severable contracts. They will also deal with contracts
Answer Key
6
T
2 F
3 F
7 1 regarding
2 drawn up
3 beforehand
4 requirements contract
5 let her know
6 free time
8 Suggested Answer
B: Hi, Annette. Can I make an appointment to speak
with your new attorney?
A: Of course. What is this regarding?
B: I need to have some contracts drawn up.
A: Okay. Are there any details I should give her
beforehand?
B: One is a requirements contracts for one of our
partners. Until now, we've been operating under
an implied contract and I'm afraid it won't cover
us any longer.
A: I'll let her know.
B: The second concerns another partner who may
be in breach of contract.
A: Okay, I'll pass that on too.
B: Does she have any free time this week?
A: Possibly Thursday, early evening. Can I get back
to you on that?
B: Certainly. Look forward to hearing from you. Thank
you.
A: Our pleasure.
9 Suggested Answer
What kind of contract does he/she need help with?
Requirements contract needs drafting for one of their
partners (implied contract up until now). Also, potential
breach of contract for another partner.
When would she like to meet with the attorney?
Said you might be free Thursday, early evening.
Hello Tim,
Just had a call from one of our clients, Mr. Webb of
Alliance Supplies. He needs help to draft a
requirements contract. He also has some questions
about a potential breach of contract by one of his
partners.
He'd like to meet this week, I suggested Thursday,
early evening. What do you think?
Thanks,
Annette.
Answer Key
23
Book 2 Answer
Key
Unit 12
What is the object (or purpose) of the contract?
To create legally binding contractual terms with a
partner company.
.
What does the client want the attorney to determine
about the contract?
If the terms are binding and enforceable.
1 Suggested Answers
There are two parts to a contract that make it
legally valid. The first is the agreement, or the
terms and conditions of the contract, which both
parties must agree to. For an agreement to be
legal and binding, it must also have some form of
consideration. This means that all parties involved
must receive something of value. Consideration is
usually one party giving a product or service, and
the second party giving some form of monetary
compensation.
2 Businesses need to rely on contracts because not
everyone is reliable. Contracts set out the terms
of a partnership clearly to avoid misunderstanding.
They also allow businesses to take legal action if
the contract is unfairly breached.
2
B
2 C
2 valid
4 binding
5 assent
3 appointment
6 review
4 1 exchange
2 object
4 terms
5 consideration
3 acceptance
B
2 C
6 1 contractual dispute
2 appointment
3 binding
4 valid
5 enforceable
6 come in
7 Suggested Answer
A: Hello, Mr. Hicks. How are you doing?
B: Hi, Laurie. I'm fine, although I'm having a contractual
dispute with a partner company.
A: Would you like to make an appointment with Mr
Booth?
B: Yes, please. I need to make sure the terms of our
contract are binding.
A: Do you have a valid contract?
B: I think so. But I don't know whether it's enforceable.
A: Don't worry. Our contracts team will go over it with
you.
8 Suggested Answer
What is the problem with the contract?
Not sure if it is enforceable.
24
Answer Key
Suggested Answers
1 When a person or company does not honor a
contract they become liable for the monetary
damages that result from their breach of contract.
If they refuse to deliver the services or payment
designated in the contract, they can be taken to
court for breach of contract and sued for damages.
2 In the best case scenario, contract problems are
resolved by the two parties discussing the
problem and coming to an agreement. However,
if this is not possible, many people will try
mediation or arbitration to resolve the dispute. The
last resort will be to take the issue to court.
3 D
3 1 offer
5
Unit 13
2
F
2 T
3 T
3
A
2 B
3 A
4
B
2 C
3 A
5
B
2 C
6 1 handling
2 My firm
3 defend
4 the whole thing
5 reached
7 Suggested Answer
A: Are you handling the case for the new Museum?
B: That's right. My firm is working with them.
A: Can you tell me if there has there been a breach
of contract?
B: I can't discuss the details. But we do defend our
client's decision.
A: They've accused the other side of fraud , right?
B: Yes. They have announced that publicly. They are
very upset about the whole thing.
A: You mean the film was not what they expected?
B: No. The filmmaker has misled them from the start.
A: I understand. How soon will a resolution be reached?
B: Very soon, we hope.
A: Are you going to trial?
B: We hope not. We're hoping to settle the matter
through arbitration.
2 Answer
8 Suggested Answer
What do the parties accuse each other of?
A filmmaker has accused the museum of breach of
contract. The museum has accused the filmmaker of
fraud.
What is the dispute over?
The museum had an agreement to show a
documentary film. It now refuses to show the film,
claiming it was not what they had expected.
How will they resolve the case?
Hopefully by arbitration.
Jen's Legal Blog: A breach of contract?
An interesting case is underway at the moment. It
involves a local museum who commissioned a film
and then refused to show it. Why? They say the film
was not what they expected and have accused the
filmmaker of fraud. He has accused them of breach
of contract. They are hoping to settle the issue
through arbitration. But will the filmmaker accept
money or push for his art to be shown?
A: Sounds interesting. Will conflict of interest be
discussed too?
B: Sure will. The professor wrote a paper on it last
year.
A: Oh yes. I saw it in The Law Journal.
B: He's also written about how to advocate for your
clients.
8 Suggested Answer
What were the important points on the agenda?
Professional conduct. Client care. Client confidentiality.
Conflict of interest.
What has the professor written about?
Conflict of interest. Advocating for your clients.
Unit 15
Suggested Answers
1 Doctors, nurses, and other medical professionals,
psychologists, teachers, social workers and legal
professionals.
2 Some information is kept confidential because it is
personal and sensitive. If it was public knowledge,
it could lead to discrimination, embarrassment, or
damage to professional reputation. If personal
information is released it can also lead to practical
problems with getting loan~, insurance coverage or
employment.
Unit 14
1 Suggested Answers
1 lawyers/attorneys, paralegals, judges, arbitrators.
2 Conflict of interest, reasonable fees, impartiality,
confidentiality, diligence, misconduct, trust,
fraudulence.
B
2 C
3 D
2 1 confidential
2 effective representation
3 1 F
2 D
3 A
4 E
5 B
6 C
3
A
2 B
3 B
4
B
2 C
3 A
5
F
2 T
3 F
2
4 1 professional conduct / fraudulent acts
2 impartiality / diligence
3 reasonable fees / transactions
5
C
2 D
6 1 course
2 room 304
3 agenda
4 wrote a paper
5 advocate
7 Suggested Answer
B:
A:
B:
A:
B:
Which course are you interested in, ma'am?
The Professional Conduct course.
That course is in room 304 at 10 am.
Can you tell me what's on the agenda?
Hold on, I have the agenda here. Yes, it's about
the standard of behavior and client care that is
required of lawyers. It also deals with client
confidentiality.
Key
6 1 phone calls
2 former
3 waive
3 waive
4 information
4 consent
5 confidential
6 make a deal
7 Suggested Answer
A:
B:
A:
B:
A:
B:
A:
B:
Were there any phone calls this morning?
Yes, there was one from Mike Davis.
Our former client? What was he calling about?
The prosecutor wants him to waive his attorneyclient privilege.
Is he going to consent to that?
I don't know. He wants to speak with you about it.
I'll call him today. Our communication should
remain confidential.
Why would he give up that right?
Answer Key
25
Book
Answer Key
A: To make a deal with the prosecution, I imagine.
S: And would you have to reveal information from
your conversations?
A: Yes, absolutely everything in our records.
S: That's not good. I hope he changes his mind.
8 Suggested Answer
What did the client call about?
Possible waiver of attorney-client privilege.
Who has asked him to make this decision?
Prosecutor.
Why might the client choose to make that decision?
To make a deal with the prosecution.
Anna,
Mike Davis, your former client just called for you. The
prosecutor has asked him to waive his attorney-client
privilege. He wants to speak to you about it. I suppose
he must want to make a deal with the prosecution.
Speak to you later,
Joe
26
Answer Key
Audioscripts
Unit 1
Unit 3
Attorney: Good morning, Mr. Peterson. I want to update
you on your case.
Client: Okay. What's going on?
Attorney: The defendant's lawyer sent us the discovery
documents we asked for.
Client: Okay. What about the interrogation?
Attorney: You mean the interrogatory?
Client: That's it.
Attorney: We have it, along with a request for a physical
examination.
Client: Can't they just talk to my doctor?
Attorney: No. Any information you shared with your
doctor is privileged.
Client: So, what do I need for the physical examination?
Attorney: Just show up at the doctor's office on June
3rd, at 9:30 in the morning. Here's the address.
Client: And the witness who saw the accident? Is she
going to testify?
Attorney: The court sent over a subpoena today. She
has to testify, unless she wants to get into trouble
with the law.
Attorney: Hi, Sue. Would you write a legal memorandum for
me today, please?
Paralegal: Yes. I can work on that this afternoon.
Attorney: It's about the Singh case. Are you familiar with it?
Paralegal: Yes. I've read the file.
Attorney: Good. Please summarize the issues to send
out to our legal team.
Paralegal: Sure. Would you like me to include an analysis
as well?
Attorney: Yes. And any citations you can find from similar
cases.
Paralegal: Do you have any cases in mind?
Attorney: Smith versus Carson, for one. Maybe Palmer
versus Lee.
Paralegal: I'll start there. When do you want it sent out?
Attorney: As soon as possible. Thanks, Sue
Paralegal: You're welcome. I'll get right to work on this.
Unit 2
Attorney: Thank you for coming in today, Ms. Jackson.
Witness: It's no problem. I just hope I can help.
Attorney: Great! Now, I have your signed affidavit here.
Is this complete and correct?
Witness: Yes. I thought I only had to describe what
happened briefly.
Attorney: That's right. We only need the facts about what
you witnessed. I just wanted to make sure that you
didn't leave anything out.
Witness: Nope, that's it. So, will I have to testify in court
about what I saw?
Attorney: With any luck, no. Hopefully, we won't have to
go to trial with this case.
Witness: Oh, I see.
Attorney: However, if we do, will you attest to this
information on the stand?
Witness: Yes, of course.
Attorney: Thank you. Your testimony will be very useful.
Witness: I just hope that he gets his piano fixed. What a
mess!
Unit4
Official: Good morning, Sam. I see that the court date
has been set for your trial.
Paralegal: Morning, Pamela. Yes, we're working hard to
prepare.
Official: This is quite a big stack of briefs.
Paralegal: There are quite a few. This is an important
case for us.
Official: I can tell.
Paralegal: There are legal briefs in the top folder. Amicus
briefs are in the second folder.
Official: Okay. I'll make sure that they get to the right
officials.
Paralegal: Perfect.
Official: Have you filed merit briefs as well?
Paralegal: We have a few days left to file them. I'm
planning to bring those in on Friday.
Official: I'll see you on Friday, then.
Paralegal: See you then. Thank you.
Answer Key
27
Audioscripts
Unit 5
Unit 7
Lawyer: Can you help me to prepare a motion this
morning?
Assistant: Yes. Is it for the Smith trial?
Lawyer: Yes.
Assistant: We're still waiting for a ruling on our motion
for change of venue in that case.
Lawyer: I hope the judge will issue that ruling today.
Assistant: What type of motion are we working on today?
Lawyer: A motion to strike the testimony of their expert
witness.
Assistant: On what grounds?
Lawyer: She has no credentials to prove that she is an
expert.
Assistant: I see. I'll draft the motion and bring it to you
in about an hour.
Lawyer: That's perfect. And can you bring it to the
courthouse before lunch?
Assistant: Sure.
Lawyer: Good morning, Janet.
Paralegal: Hi, Mr. Jones. Did you get my memo about the
Willus case?
Lawyer: I did. Do you have the witness reports? And the
figures for compensation?
Paralegal: Right here.
Lawyer: Good. Will you make copies for the opposing
party and then bring me the file?
Paralegal: I'll do it right now. I think we've proved liability,
don't you?
Lawyer: I do. Let's hope the judge agrees that the duty
of care was not met in this situation.
Paralegal: The proximate cause of her fall was definitely
that uneven floor.
Lawyer: I agree. It's a strong case. Have you checked in
on Ms. Willus?
Paralegal: Yes, I spoke to her yesterday. She's walking
without crutches now.
Lawyer: Good for her. Is she back to work?
Paralegal: Not yet.
Unit 6
Assistant: Thank you for contacting Jetson and Lee.
How can I help you today?
Client: I'd like to make an appointment to speak with a
lawyer about a tort action.
Assistant: Okay. Can you tell me about the case?
Client: Yes. A neighbor trespassed on my property and
broke a valuable statue and a window.
Assistant: I see. Was it deliberate?
Client: Yes, it was.
Assistant: Okay. And you want to sue for damages?
Client: Yes. For trespass to land and harm to property.
Assistant: Sounds like the type of case we specialize in.
Client: I thought so from your ad.
Assistant: Can you meet with Ms. Lee on Tuesday at 4
o'clock?
Client: Yes. That sounds good. See you then.
28
Answer Key
Unit 8
Lawyer: Before taking your neighbor to court, you should
send her a demand letter.
Client: I've already sent a letter asking her to meet with
me. That way, we can avoid the small claims court.
Lawyer: She wouldn't agree to that?
Client: She wouldn't even respond .
Lawyer: I see. And excessive noise from her dogs is the
problem?
Client: Yes. Her dogs create a real nuisance.
Lawyer: Okay. Let's draft a letter from you, including a
settlement request.
Client: And if she doesn't respond?
Lawyer: Then we may have no alternative besides legal
action.
Client: I'd hate for it to come to that. We'd like to get
along with all of our neighbors.
Lawyer: Maybe this official letter will resolve the issue.
Client: I sure hope so.
Audioscripts
Unit 9
Unit 11
Assistant: You had some questions for our legal team,
Mr. Jackson?
Client: Yes. Questions about my company's liability in an
accident.
Assistant: Okay. I'll write down your questions and have
a lawyer get back to you.
Client: Great.
Assistant: So, what happened?
Client: I thought we'd taken every precaution. No one could
call our work site unsafe, but there was an accident.
Assistant: Was someone hurt?
Client: Yes. A woman broke her leg.
Assistant: I see. Sounds like you may be responsible, in
terms of strict liability.
Client: So what is my legal responsibility?
Assistant: I don't know. That's what you'll need to discuss
with a lawyer.
Client: Okay. I'll wait to hear back.
Client: Hi, Peter. I'd like to set up an appointment to
speak with your new attorney.
Assistant: Sure. What is this regarding?
Client: I need to have some legal contracts drawn up.
Assistant: Okay. Are there any details that I should give
her beforehand?
Client: We need a requirements contract for one of our
partners. We've been working with an implied contract.
Assistant: I'll let her know.
Client: And I'm afraid that one of our other partners may
be in breach of contract.
Assistant: That's too bad. I'll tell her that, too.
Client: Does she have any free time this week?
Assistant: Maybe on Thursday afternoon. Can I confirm
that and get back to you?
Client: Yes, thank you.
Assistant: You're welcome.
Unit 12
Unit 10
Lawyer: Thanks for coming in today. I understand you
received an injury from a manufactured product?
Consumer: Yes, a defective computer stand, to be exact.
Lawyer: How is it defective?
Consumer: The stand can't hold the weight of a laptop.
The instruction manual said that it would hold up to
50 pounds.
Lawyer: I see. How were you injured?
Consumer: The stand collapsed and the laptop fell onto
my foot.
Lawyer: I'm sorry to hear that. Was the computer
damaged as a result of this incident?
Consumer: Yes, the screen is broken.
Lawyer: Sounds like this case falls under the product
liability laws. Have you contacted the manufacturer?
Consumer: Yes, I did. But they didn't respond.
Lawyer: That's not a good sign.
Consumer: I didn't think so, either. That's why I called you.
Assistant: Hello, Mr. Peterson. How are you today?
Client: Hi, Mary. I'm all right. I'm afraid I'm having a
contractual dispute with a partner company.
Assistant: Sounds like bad news. Do you want to make
an appointment with Mr. Horowitz?
Client: Yes. I need to make sure that the terms of our
contract are binding.
Assistant: You have a valid contract?
Client: Yes, but I don't know whether it's enforceable.
Assistant: I see. Our office will go over it with you.
Client: The sooner the better.
Assistant: Would you like to come in on Wednesday?
Client: Wednesday would be perfect.
Assistant: How's 10 in the morning?
Client: Good. I'll see you then.
Answer Key
29
Audioscripts
Unit 13
Unit 15
Blogger: Are you handling the case for the National
Museum?
Lawyer: Yes. My firm is working with them. It's an
important case.
Blogger: Can you discuss whether there has been a
breach of contract?
Lawyer: I can't talk about the details, but we do defend
our clients' decision.
Blogger: They've accused the other party of fraud , isn't
that right?
Lawyer: Yes. They have said that publicly. They are very
upset about the whole thing.
Blogger: The film was not what they expected?
Lawyer: No. The filmmaker misled them from the start.
Blogger: I see. How soon will a resolution be reached?
Lawyer: Very soon, we hope.
Blogger: Are you going to trial?
Lawyer: We hope to settle the problem through arbitration.
Lawyer: Were there any phone calls this morning?
Legal Assistant: Yes, there was one from Miles Sanchez.
Lawyer: Our former client? What was he calling about?
Legal Assistant: The prosecutor wants him to waive his
attorney-client privilege.
Lawyer: Is he going to consent to that?
Legal Assistant: I don't know. He wants to speak with
you about it.
Lawyer: I'll call him today. Our communication should
remain confidential.
Legal Assistant: Why would he give up that right?
Lawyer: To make a deal with the prosecution, I'd imagine.
Legal Assistant: And you would have to reveal
information from your conversations?
Lawyer: Yes. Everything in our records.
Legal Assistant: I know that you wouldn't like to do that.
I hope he changes his mind.
Unit 14
Official: Which course are you interested in, ma'am?
Paralegal: The conduct course.
Official: That course is in room 304 at 4 o'clock
Paralegal: Do you know what is on the agenda?
Official: I have it here. Professional Conduct and
Confidentiality.
Paralegal: Sounds interesting. Will conflict of interest be
discussed?
Official: Yes. The professor wrote a paper on that topic
last year.
Paralegal: That's right. I saw it in The Law Journal.
Official: She has also written about how to advocate for
your clients.
Paralegal: I haven't read her writing on that topic.
Official: I have some copies of her latest article here.
Would you like one?
Paralegal: Yes, please. Thanks!
30
Answer Key
Book '3
Unit 1
A: I tried to work on it yesterday, but there was just
1 Suggested Answers
1 Time management is an important skill because
it allows you to use your time effectively, meet
deadlines and be punctual. Good time management
helps you to prioritize tasks, manage your workload
and ultimately, enjoy more free time, because you
don't have unfinished projects to complete at
home.
2 People can make to-do lists and then prioritize
important tasks. Keeping a personal planner is
also an effective way of keeping track of
upcoming appointments and deadlines. These
days, cell phones and computers have built in
calendars and planners which can be an effective
tool in personal organization too.
T
2 F
3 F
3 1 B
2 A
3 G
4 C
5 E
6 D
2
Answer Key
4 1 progress
2 workload
3 to-do list
4 urgent
5 crucial
6 task
7 realistic
8 deadline
5 Suggested Answer
To be a successful lawyer good time management is
crucial.
You should make a daily plan of what you need to
do and which tasks are the most urgent.
Try not to procrastinate and leave unpleasant tasks
until the last minute.
too much going on.
B: Do you want me to delegate some of it to the
secretaries?
A: Good idea. That's partly what they're here for.
B: But do you trust that they will get it done correctly?
A: I'm sure they're all able to handle filing papers and
making phone calls.
B: You're right. Maybe I'll ask Julie if she can help me
out today with some of the paperwork.
A: I'm sure she'd be happy to give you a hand.
9 Suggested Answer
Memorandum
To: John Jeremy
From: Dorothy Hunt
Date: 14th February 2011
RE: Tasks for today
John,
I have many tasks to complete today and would
greatly appreciate your help. I need to file the entry
of appearance for David Green. I also have lots of
pressing work for the Smith case. (Perhaps you
could delegate some of this to the secretaries. I
attach to this memo a bundle of papers that need
to be filed and a list of phone calls that need to be
made. I am sure Julie would be happy to assist.)
Please, first, can you deal with David Green. This is
most urgent because the deadline for filing is close.
Regards,
Dorothy
Unit 2
6
C
2 B
7 1 accomplish
2 crucial
1 Suggested Answers
3 deadline
4 to-do list
5 case
6 delegate
8 Suggested Answer
A: Let's talk about the jobs that need doing today?
B: Sure.
A: First, we need to file the entry of appearance for
David Green.
B: I can do that easily enough.
A: Please don't forget. The deadline is today.
B: I'm putting it at the top of my to-do list.
A: And I have got to do some work for the Smith
case. I've been procrastinating for days.
B: That's not good
1 People record their appointments and deadlines
in personal planners, on wall calendars and on
computer calendar programs.
2 It allows all the firm's employees to see what
important cases and deadlines are coming up. It
also means employees can easily find out what
other employees are working on, where they are
and when they have free time.
2 1 wall calendar
2 to track the movements and appointments of
employees
3 tickler file
4 software program
Answer Key
31
Answer Key
3 1 master calendar, pocket planner
2 reminded/updated
3 software, tickler file
A: Indeed! That would be a relief!
B: Ok, I'll look into it.
A: Thanks, I appreciate it.
4 formats, conflicts
9 Suggested Answer
4
B
2 A
3 B
4 A
Dear Mr. Biggs,
I wonder if you might consider updating our calendar
system.
At the moment, we have a master calendar, individual
planners, wall calendars and a tickler file. The trouble
with this old-fashioned system is that the information
has to be entered several times: it makes it very slow.
With calendar software, there are several advantages.
It is quick (this is because you only have to enter the
information once), you get automatic reminders for
deadlines, and there is no need for multiple files.
There are some amazing computer -based systems
out there today and I believe our office could really
benefit from one of them.
Please let me know what you think.
Regards,
George
5 Suggested Answer
You can maintain good calendar management by
keeping a master calendar at your law firm . This
master calendar keeps track of the appointments of
all of the firm's employees. You also need a system
in place to make sure this is updated regularly. These
days computer software programs can help with this.
Another important component of calendar management
is maintaining a tickler file to remind staff of their
upcoming deadlines. Last but not least, all employees
must have their own individual planners to copy all
these important appointments and deadlines into.
6
F
2 T
3 F
7 1 master calendar
2 planner
3 tickler file
4 software
5 computer-based calendars
6 conflicts
Unit 3
Suggested Answers
8 Suggested Answer
Important documents people keep for a long time
include; birth and marriage certificates, driving
licenses, degree certificates and other qualifications,
financial and medical records.
2 These documents are important when you apply
for jobs, loans, visas or study. Financial documents
may be important for calculating taxes.
1
A: Ella, do you have a minute?
B: Sure.
A: I'm updating the master calendar. Do you have
any appointments that I need to add?
B: Oh, yes. Several, I'm sure. Check out my planner.
A: Ok. I've just added some information to the wall
calendar from the tickler file. I think some of those
deadlines apply to you, so you might want to check.
B: Ok, I'll have a look later.
A: By the way, we really ought to get a better
calendar system than this. Do you know they have
amazing software nowadays?
B: So I hear. But I'm not sure I would be comfortable
with computer-based calendars. Call me oldfashioned!
A: But they're so useful! It's easy to track people's
schedules, plan meetings and avoid conflicts and you only have to enter the information once!
B: Once, huh?
A: Yes. Some programs will even automatically remind
you about upcoming deadlines.
B: Ah , so you won't need to keep the tickler file
anymore!
32
Answer Key
2
B
2 C
3 C
3 1 A
2 B
3 A
4 B
5 A
6 A
4 1 penalty
2 comply
5
T
2 T
3 F
6 1 contract
2 document retention
policy
3 retain
5 hard copy
6 period
3 failure
4 subject
4
5
6
7
cataloged
destroyed
period
in perpetuity
Answer Key
7 Suggested Answer
A: I've signed my contract and the other forms.
B: Good. Can you also sign this document retention
policy, please?
A: What is it?
B: It's a form that explains how long we have to
retain all of our records.
A: Oh. I wasn't aware such documents existed.
B: Really? They're extremely important, especially in a
law firm. Everything has to be kept and cataloged.
We can't destroy anything until a specific amount
of time is up.
A: And how long do you normally keep documents?
B: Most documents are kept for 6 years, but some,
like meetings minutes, are kept in perpetuity.
A: Wow! Well, it's a good job you can store things on
a computer nowadays, isn't it?
B: Actually, we have to keep most documents as
hard copies. And If we fail to comply we can incur
fines, penalties and even trouble with the law.
A: I see. I'll sign it right now, then!
8 Suggested Answer
To: All staff
From: Chris Morris
Date: 5th February 2011
RE: Document retention
To All,
I thought I should remind all staff members how
important it is to keep documents.
The consequences of not retaining documents
correctly can include fines, penalties and even
trouble with the law.
You should retain most documents for six years;
other documents may have to be kept forever.
You all have the option of storing documents
electronically, but bear in mind that you need to make
a hard copy of many of these too. Come and see me
if you have any doubts as to which category your
documents fall into.
Best regards,
Chris Morris
Unit4
1 Suggested Answers
1 Some lawyers are not paid unless they win their
cases because they do not charge an hourly rate
but take a percentage of any damages awarded
to their client. Lawyers choose this method of
payment if they are fairly sure the case will be
successful.
2 Lawyer's fees are expensive because a lawyer's
education is expensive. Lawyers may have several
years of university debt to pay back. Likewise,
setting up a legal firm is an expensive business
and usually requires lawyers to take out loans.
2 1 retainer
2 reduced
3 1 E
3 flat rate fee
4 senior partner
3 G
4 D
5 C
6 B
4 1 options
2 refunded
3 considerably
5
6
7
8
2 A
4 up front
5
B
6 1
7 F
prominence
billing procedures
expertise
payment
2 A
billing procedures
2 hourly rate
3 considerably
4 expertise
5 retainer
6 refunded
7 recovery
7 Suggested Answer
A: Hello, it's Sarah Silverstone here. I've just received
a letter regarding your billing rates.
B: Oh yes, of course.
A: Could you tell me the hourly rate of Mr. Jackson,
please?
B: Antony Jackson? He's a senior partner. His fee is
considerably higher than the one we quoted you
in the letter.
A: I know. However, I really think his expertise is
necessary for this case.
B: Okay. Let me see. His hourly rate is $650 an hour.
And his retainer fee is $1,000. Of course, if the
retainer fee is not used up in the duration of the
case, it's returned to you afterwards.
A: I see. And would I keep the recovery with that
option?
B: Yes, you would.
A: Is there an option with a contingency fee?
B: I need to speak to Mr. Jackson about that.
A: Would you do that for me?
B: Of course. I'll speak to him today and call you
back later.
Answer Key
33
ook
Answer Key
8 Suggested Answer
6
Dear Miss Silverstone,
I write to inform you of the charge-out rates of Mr.
Jackson, our senior partner.
His hourly rate is $650/hour, while his retainer fee is
$1,000. If the retainer fee is not expended during the
course of the case, any remaining balance will be
refunded to you.
You also have the option of a contingency fee. This
is where we offer you a reduced hourly rate but we
take a percentage of any money awarded to you on
recovery.
Do give me a call if you have any further questions.
Yours sincerely,
Sam Underhill
Unit 5
1 Suggested Answers
1 People can be arrested for breaking and entering,
theft, trespassing, assault and battery, murder, drug
crimes, human trafficking, drink driving, speeding etc.
2 After someone is arrested they are held in custody
and booked, which means a police officer notes
their personal details. Following this, they may be
offered bail, usually in retum for a fee. The person
will then be formally charged with a crime and will
usually find a lawyer to argue their case.
2
F
2 T
3 F
3
A
2 B
3 C
4 1 plea bargain
2 custody
3 arraignment
4 A
4 booked
5 preliminary hearing
6 pre-trial motions
An attomey has had to abandon a case due to family
problems. The attorney is defending Luke Ingman, a
known criminal. Luke has been arrested, booked and
held in custody on charges of burglary and the sale
of stolen goods. Despite an appeal he was not granted
bail, probably because he has failed to show up for
court appearances before. Luke pleaded not guilty at
the arraignment but was not allowed to try for a plea
bargain. The preliminary hearing took place last month.
The next step for the case is to go through the pretrial motions. A case is being prepared for insufficient
evidence and the trial will take place in May. Although
it is very likely Luke will be convicted, the attorney
hopes the sentence will be light.
Answer Key
2 ./
3 ./
7 1 missing
2 in her office
3 warrant
4 X
5 ./
4 details
5 pile of papers
6 pre-trial motions
8 Suggested Answer
A: Hi Dominic, you look worried, is everything alright?
B: Helen's left me the file on the Ingam case, but I'm
afraid several key documents are missing.
A: That's not good. I'm sure they're in her office
somewhere.
B: Can you help me look for them?
A: Of course. What are we looking for?
B: Well, I've got the details of the warrant, but I don't
have anything on the withholding of the bail.
A: That's this one, isn't it?
B: Looks like it. Great. Next I need details of the
arraignment.
A: That's right here, on her desk.
B: What else? She told me that she prepared some
work for the pre-trial motions.
A: That'11 be in this file. Here you are!
B: Amanda, you're a lifesaver!
A: Anything else? Have you got the documents
about the plea bargain?
B: Yes. I have thanks. But if I need more help, I'll let
you know. Thanks again.
9 Suggested Answer
5 Suggested Answer
34
X
Dear Amanda,
Helen left me the file on the Ingam case, but there
are a few important documents missing.
I already have details of the warrant and documents
about the plea bargain. However, I am missing
information on the withholding of bail, details of the
arraignment and the work for the pre-trial motions.
Please can you find these for me.
Have you been working on this case with Helen? If
you know any more details about the case I could
use some extra help.
Thanks,
Dominic
Unit 6
1 Suggested Answers
1 If a child commits a crime they may be taken into
police custody and their parents or guardians will
be contacted. The child will then either be held in
a juvenile correctional facility or allowed to go with
their parents or guardians. In either situation, the
OOL:";'
case is referred to a juvenile court which decides
whether to try the child in court, or give them a
lecture of the record about their offense. This
depends on how serious the crime is.
2 In general, punishments for children are designed
to punish the child for what they've done but to
also give them a chance to learn from their
mistakes. They are generally less severe than
adult punishments and often involve community
service, probation and counseling. For more
serious offenses, children may have to pay fines
and even spend time in prison.
B
2
2 B
Answer Key
A: Oh, no. Something like community service seems
appropriate.
B: What do you think about probation?
A: That could be a good idea. What is her family
background?
B: Both her parents have a criminal records.
A: They might be partly liable if there was damage
to the victims house.
B: That's your decision. I'm sure that we should keep
her in the correctional facility for now, though.
A: Thanks for your help. I'll investigate further before
I make any decisions.
9 Suggested Answer
3 A
Report for Justice Hansen
4 juvenile
5 waived
6 expunged
3 1 off-the-record
2 liable
3 lecture
D
3 B
2 A
4 F
4 1
5 G
6 E
7 detained
7 C
5 Suggested Answer
Children as young as seven can be tried in a juvenile
court.
If a crime is really serious, the judge can waive the
juvenile offender to an adult court.
Common penalties for juvenile crimes include
community service, fines and being put on probation.
6
T
2 F
3 F
7 1 jewelry
2 detained
3 juvenile
4 thirteen / 13
5 off the record
6 community service
7 probation
8 Suggested Answer
A: So, tell me about this case.
B: The girl's name is Leanna Parks. She broke into
an elderly lady's home, threatened her and stole
some money and jewelry.
A: That's quite serious. Is she being detained now?
B: Yes, she's in the juvenile correctional facility. But
this is her first offense.
A: How old is she?
B: She is 13.
A: Well, since this is her first offence, maybe we can
handle it off the record.
B: But not without punishment?
The juvenile offender, Leanna Parks, broke into an
elderly woman's house, threatened her and stole
some money and jewelry. So, the crime is breaking
and entering, and theft. This is her first offense. She
is currently being detained in a juvenile correctional
facility. A suitable punishment might be community
service or probation.
Bob Gilmore
Court officer
Unit 7
1 Suggested Answers
1
Evidence is important because it supports and
illustrates the arguments of each party in court.
For example, if a lawyer accuses a defendant of
shooting someone, his claim is strengthened if he
has the gun the defendant used as evidence.
2 Any objects directly involved with a crime, such
as weapons, faulty products or items of clothing,
as well as documents such as contracts.
Evidence to illustrate a witnesses testimony, like
maps or pictures.
2 1
2
3
4
5
6
serves to make an assertion more or less probable
Material Evidence
is reliable
real evidence
Documentary evidence
an oral or written assertion
3 1 F
2 C
3 D
4 G
5 E
6 A
7 B
Answer Key
35
Book 3
4 1
2
3
4
5
6
7
Answer Key
real evidence
documentary evidence
relevant
competent
testimonial evidence
material
demonstrative evidence
9 Suggested Answer
Report for Soames case
Evidence
Real evidence includes the gun Soames used for the
bank robbery. It is admissible because it was handled
properly.
The only testimonial evidence we have comes from
Mrs. Gladys Chambers. This evidence is not competent
because not only does she have terrible eyesight but
she wasn't even wearing her glasses at the time she
witnessed the robbery.
As for demonstrative evidence, we have video tapes
from the bank's security cameras.
5 Suggested Answer
There are four types of evidence. Real evidence is
usually an object that was directly involved in crime,
for example a gun or a knife. Demonstrative evidence
illustrates the testimony of a witness, for example,
maps or pictures. Documentary evidence is like real
evidence, but in the form of a document, such as
contracts, wills and letters. Lastly, testimonial evidence
is an oral or written statement of a person's beliefs
about the case.
6
A
2 bank robbery
3 documentation
5 demonstrative
6 security cameras
7 material evidence
4 admissible
8 Suggested Answer
A: So, let's look again at the evidence for the
Soames case
B: We should start with the real evidence. That is,
the gun Soames used for the robbery.
A: Detective Meeks faxed us the chain of custody
for it this morning.
B: Everything was handled properly, wasn't it?
A: Yes. There shouldn't be any problem with the gun
being accepted as admissible evidence.
B: Great. Do we have any demonstrative evidence?
A: Videotapes from the bank's security cameras.
B: Are they relevant?
A: Very. The whole robbery was filmed.
B: Perfect. Lastly, what about testimonial evidence?
A: Well, there's Mrs. Gladys Chambers, but I have
some doubts about whether or not her testimony
is competent.
B: Why is that?
A: She has terrible eyesight, and she has told us that
she wasn't wearing her glasses at the time of the
robbery.
B: Let's strike her off the witness list.
Answer Key
1 Suggested Answers
1 Blood stains, fibers from clothes, shoeprints,
fingerprints, tire tracks, weapons, hairs, skin cells.
2 Nowadays DNA is increasingly used as biological
evidence.
2 C
7 1 evidence
36
UnitS
2
B
2 A
3 C
3 1 biological
2 fingerprints
3 preserved
4 class
5 fibers
6 contaminating
4 1 A
2 B
5 A
6 B
3 B
4 A
7 shoeprints
5 Suggested Answer
Physical evidence includes shoeprints, finger prints,
tire tracks and fibers from clothes. It is usually of nonliving origin. A piece of physical evidence is not
usually enough to convict someone, because it
doesn't prove involvement in a crime. However, if
several pieces of physical evidence are found
together they can help identify the perpetrator.
Biological evidence includes blood stains and DNA.
Both types of evidence must be handled carefully to
prevent contamination and a secure chain of custody
needs to be established.
6
2 X
7 1 physical
2 shoe print
3 fiber
3 ./
4 X
4 bloodstains
5 fingerprints
6 trace
5 ./
OOK
8 Suggested Answer
A: Laura Wolfe here, how can I help you?
B: Hi, Laura, it's Martin Weber from the Forensics lab.
I've got some results from the crime scene.
A: Oh, good. Tell me more.
B: Starting with the physical evidence, we've got a
shoeprint from a size 10 tennis shoe.
A: Okay, but that doesn't tell us much. Was there any
more class evidence?
B: A few blue cotton fibres, probably from aT-shirt. But
we're not sure they're definitely from the perpetrator.
A: What about biological evidence?
B: They aren't any fingerprints. And we believe all the
bloodstains are from the victim.
A: Thanks for the update, but that's not enough to
link the suspect to the crime.
B: I know. But we've not analysed the trace evidence
yet. We've collected some skin cells from under
the victims fingernails. We're analysing the DNA
as we speak.
A: Can you phone me as soon as you get the results?
B: Of course. We hope to have them in a few hours.
A: Thanks, I'll be here.
2
T
2 lay witness
Answer Key
3 T
3 hearsay
5 recitation
4 expert witness
4 1 competency to testify
2 stricken from the record
3 misinterpret
4 meaningful
5 embellishes
6 beyond the scope of expertise
5
C
2 A
6 1 attacked
2 record
3 testify
5 screaming
6 apartments
7 thumps
4 firsthand knowledge
7 Suggested Answer
A: Good afternoon. Is that Jean Russell?
B: Speaking.
A: Hello, this is Jenny Fairbank. I called you yesterday
Report
B:
Forensic evidence
Crime scene evidence consisted of physical evidence,
biological evidence and that which still needs to be
analyzed.
1 Physical evidence
We found a shoe print from a size 10 tennis shoe.
2 Biological evidence
This included bloodstains, seemingly from the
victim.
3 Evidence yet to be analyzed
Trace evidence: skin cells from under the victim's
fingernails.
A:
B:
A:
B:
A:
B:
A:
B:
1 Suggested Answers
1 Lay witnesses, including eyewitnesses. Expert
witnesses.
2 A witnesses' testimony may be discounted if it
appears that they are lying or have insufficient
knowledge of the crime to give sound testimony.
If the witness is an expert witness, their testimony
may be discounted if they do not have suitable
credentials or lack experience in the field they are
testifying about.
2 F
3 1 firsthand
9 Suggested Answer
Unit 9
3
A:
B:
A:
B:
A:
B:
about your neighbor; about the night she was
attacked?
Oh, yes, that's right. How can I help?
I have a few more questions I would like to ask
you. Do you mind if I record our conversation?
Of course not. By the way, am I going to have to
testify in court?
It depends. If you have firsthand knowledge of
what happened, your testimony will be very useful.
Well, I didn't see him attack her. I was watching
TV when I heard her start screaming.
'Her' is Anna Fields?
Yes. The walls between the apartments are
paper-thin. She sounded petrified.
Did you hear anything else?
A couple of loud thumps,. I called the police and
then I thought I'd check on Anna. I opened the
door to go into the hallway and saw him run out
of Anna's apartment.
Who did you see?
His name is Patrick. I don't know his last name.
Have you ever met him?
No, but Anna talked about him. That's how I know
his name.
So, you could positively identify him.
Definitely!
Answer Key
37
Book
Answer Key
8 Suggested Answer
8 Suggested Answer
A: Wow. We've had to exclude a lot of evidence from
Witness Interview
1 Witness relationship to victim?
Jean Russell. Neighbor.
2 What saw / heard?
Heard screaming. Then saw Patrick run of Anna's
apartment.
3 Can witness identify suspect?
Yes.
this trial!
B: Yes. Nearly 75% of the evidence has been
inadmissible.
A: All of it is circumstantial.
B: Well, sometimes circumstantial evidence adds up.
A: Not in this case. The jury looked very confused.
B: At some points, so was I.
A: What will you do?
B: I'm going to meet the attorneys before we
continue with the trial tomorrow morning.
A: I think that's a good move!
B: I will simply explain that all evidence needs to
have clear and probative value. And that if they
continue to present inadmissible evidence, I will
hold them in contempt of court.
A: You can do that?
B: Yes. This evidence is wasting time and disrupting
the course of justice.
A: That's a fair point.
Unit 10
1 Suggested Answers
1 If evidence seems improbable, unfair, confusing,
overly complex, irrelevant to the case, prejudiced
or overly emotive, it may not be permitted in court.
This is because it can confuse or bias the jury.
2 Irrelevant evidence wastes court time and costs
money. It can also confuse the judge and jury, or
be designed to cause bias against someone. For
example, mentioning a defendant's previous
convictions when they are irrelevant to the current
case is designed to cause bias.
2 1 admissible
2 resolve
3
A
2 B
9 Suggested Answer
Memorandum
Please would the attorneys meet me in my chambers
before the trial commences tomorrow.
Among other matters that need to be discussed, I
should remind you both about the importance of
presenting evidence with probative value. If you do not,
I will deem the evidence inadmissible. I do not want to
have to exclude any more evidence in this case.
Remember: it is quality, not quantity, that matters.
If either of you fail to comply with this, my order, I will
feel compelled to hold you in contempt of court.
3 exclude
4 misleading
3 B
4 1 oppression
2 probative
3 accumulated
4 A
4 probable
5 corroborated
6 emotive
5 Suggested Answer
Direct evidence is that which can decide a case
immediately, on the condition that it is probable. For
example, in a murder case, a witness who saw the
perpetrator stab the victim gives direct evidence.
Circumstantial evidence, on the other hand, requires
the jury to make a link between the evidence and the
proposition. Examples are DNA samples and
fingerprints. Several pieces of circumstantial evidence
may be collected together to give a more complete
picture of a case. Both types of evidence can be
excluded for a variety of reasons including if evidence
is considered unfair, confusing, emotive or prejudiced.
6
F
2 T
7 1 excluded
2 inadmissible
3 circumstantial
4 adds up
38
Answer Key
Unit 11
1 Suggested Answers
1 People can settle their problems without going to
court through mediation and arbitration.
2 Mediation and arbitration are quicker and cheaper
than going to court. In mediation you avoid any
legal action and come to an agreement
yourselves, which is a more amicable way to
settle a problem. In arbitration the ruling is legally
binding, so it is a fast, inexpensive way to have a
legally enforceable decision made.
3 F
5 found parts of it
6 get underway with
7 clear, probative value
2
C
2 C
3 B
3
B
2 A
3 B
4 C
5 A
ook
4 1 relief
2 mediation
3 mediator
4 facilitator
5 dispute
6 arbitration
7 settlement
5 Suggested Answer
There are two different methods of ADR, mediation
and arbitration. In mediation the parties reach a
decision themselves, with the help of a trained
mediator. The mediator may make suggestions and
give advice but does not make an overall ruling. In
arbitration, by contrast, an arbitrator (a disinterested,
neutral party) is brought in to listen to both parties
present their cases. After hearing both cases the
arbitrator decides on a ruling. This ruling is both
legally binding and enforceable.
T
6
2 F
3 T
7 1 Dispute
2 building contractors
3 litigation
4 how this works
5 settlement
6 facilitator
8 Suggested Answer
A: Hello. I'm calling to see if you could help me. I'm
B:
A:
B:
A:
B:
A:
B:
A:
B:
A:
B:
having a problem with some building contractors.
They didn't do everything they promised, and their
work was very poor.
I'm sorry to hear that.
The problem is, I can't afford to go through
litigation. A friend told me I should call you.
I'm sure we can help you sort this out.
Can you give me some more details about what
exactly you do here?
Well, we help you and the other party reach a
settlement together.
I don't think that's possible.
Someone else will be there to help you. There are
two ways to do it. Firstly, there is mediation, which
is when a facilitator guides your discussion and
gives you suggestions. The other option is
arbitration, which is when an expert comes in to
listen to both parties and make a ruling.
And is the ruling legally binding?
It is. It's enforceable by law.
That's sounds like what I need in this case.
I agree with you. So, let's get started!
Answer Key
9 Suggested Answer
Dear Mr. Sampson,
Further to our telephone conversation this morning, I
am writing to advise you about Alternative Dispute
Resolution (ADR).
ADR has the advantage of being cheaper and
quicker than litigating through the courts. It also has
a higher chance of leading to a settlement.
As you may have gathered from our chat earlier,
there are two types of ADR: mediation and arbitration.
I will briefly set out the differences between the two.
1 Mediation
Mediation aims at helping the parties to settle. The
mediator acts as a go-between, never telling one
or other party what to do but offering guidance
as to how they might settle their differences.
2 Arbitration
Arbitration, on the other hand, is like an informal
trial. Each side presents its case, then the
arbitrator (an expert on the disputed subject who
is like a judge) makes a ruling.
As discussed, you have such a strong claim that
there is no point looking to settle via mediation.
You will also want any ruling to be legally binding.
I therefore recommend arbitration as the best way
of winning your dispute.
Please call me when you have had a chance to
consider this email in its entirety.
Kind regards,
Olivia Hicks
Unit 12
1 Suggested Answers
1 Using arbitration is helpful when you cannot afford
to go through court but have a strong complaint
against another party. It is particularly helpful if you
need a legal ruling to force the other party to take
action.
2 Businesses may put an arbitration clause in their
contract to protect their company from lengthy
and expensive court battles. A business may also
work with a specific arbitration forum. This forum
could be more likely to rule in the businesses favor
to ensure their repeated custom. For businesses
this makes arbitration a much safer and more
effective option than being taken to court.
Answer Key
39
~
2
F
2 T
3 F
3
C
2 A
3 B
4 1 mandatory
2 waive
3 overturned
Answer Key
4 D
4 erroneous
B: Actually, with arbitration, appeal is very difficult.
And your contract states the arbitrator's decisions
are legally binding.
A: This is terrible.
B: It's OK. You have a strong case. We'll get you the
money they owe you.
5 E
7 specify
5 prohibitive
6 limited
9 Suggested Answer
5 Suggested Answer
Dear Mr. Sanchez,
We have reviewed the papers you emailed to our firm
yesterday. We understand your desire to take the case
to court - you have a good claim - but, on a closer
examination of your contract, we see that it includes
a mandatory arbitration clause. This means that, in the
event of a dispute, the matter must be resolved via
arbitration (it cannot be dealt with in court).
This, ultimately, could play to your advantage.
Arbitrations are generally quicker and cheaper than
full-scale litigation.
There are some disadvantages I should warn you of.
Firstly, the company gets to choose an arbitrator, so
they may choose someone who they think will rule in
their favor. Besides potentially biased arbitrators, there
are also limited avenues for appeal if the arbitration
goes against you. You shouldn't concern yourself with
this now. I say this merely by way of warning. With the
facts of the case weighing in your favor, you can
embark upon your arbitration with confidence.
We shall need to meet soon. Perhaps you could
come and meet me in my office next Monday?
Yours sincerely,
Jack Brown
You should always read a contract carefully before
you sign it in case it contains a mandatory arbitration
clause. This clause means that any legal disputes
you may have with the company will have to be
settled through arbitration. This often works in favor
of the company, who choose the arbitration forum.
The forum may rule in the company's favor to ensure
repeat business. It is also very difficult to appeal the
decision of an arbitrator. When reading the contract
check whether the arbitration clause specifies who
pays the attorney and court fees, if the arbitrator's
decision is legally binding and where the arbitration
takes place. Otherwise you could find yourself in a
very unfair situation with little room to maneuver.
6
./
2 X
7 1 contract
2 arbitration
3 specifies
3 X
4 X
4 quicker
5 incentive
6 erroneous
5 ./
7 limited
8 Suggested Answer
A: Hello Mr. Burns, I'm Mr. Chomsky.
B: Please sit down Mr. Chomsky. So, what is the
problem?
A: A company I supply to hasn't been paying me. I
want to take them to court.
B: Can I see your contract?
A: Of course, here you are.
B: I'm afraid you can't take them to court. Your
contract contains a mandatory arbitration clause.
This says that, in case of a dispute, it must be
settled through arbitration.
A: Is that going to cause me problems?
B: Not necessarily. Arbitration is positive because it's
usually much quicker than going to court.
A: Okay. But ...
B: Well, the company chooses the arbitrators, so
they may choose people who will rule in their
favor. It's in the interest of the arbitrators to keep
big companies as clients, you see.
A: But I can appeal if the ruling is unfair, can't I?
40
Answer Key
Unit 13
1 Suggested Answers
1 A good mediator should be calm, patient,
confident, creative, reasonable, open-minded, and
have good interpersonal and communicative skills.
2 The two parties may be closed-minded and
refuse to compromise or consider different
options. There could also be problems with the
parties arguing and refusing to cooperate.
2
B
2 B
3 D
3
A
2 B
3 B
4 1 trust
2 open mind
4 C
3 momentum
4 voice of reason
Answer Key
5 Suggested Answer
Mediation is when the two parties involved in a dispute
meet to try and solve their problem through discussion.
The aim is to come to a mutual agreement, fair to both
parties. A neutral mediator is present to help both
parties cooperate, give suggestions and act as the
voice of reason. Mediation is an effective way to solve
a problem because it's cheaper and quicker than
litigation. However, for mediation to be successful, both
parties must keep open minds and be willing to
consider lots of different solutions.
6
F
7 1
2
3
4
mediator
child custody
details
mediation
2 T
3 T
to reach a settlement. It is important to remember
that there are two sides to every story, and each
party must, at least for a while, try, to see things from
other party's perspective. Having a peaceful and
open mind will help both sides reach a solution.
What will the mediator be doing during the
mediation?
Keeping the process of negotiation on track and
maintaining momentum. Helping the two sides
cooperate. Acting as the 'voice of reason', and
coming up with different ways to solve the dispute.
Unit 14
5 process
6 right
7 fair solution
8 Suggested Answer
A: Hi. I'm Marissa. I'll be your mediator today.
B: Hello. I'm Jeanne. I'm afraid my ex-husband isn't
here yet.
A: You're aim is to agree about property division, isn't
it?
B: Yes, Jack wants to keep ...
A: Hang on. I'd prefer not to talk about the case until
Jack arrives, too.
B: Sorry. I've never tried mediation before. Can you
give me some details about the process while
we're waiting?
A: Of course. So, as your mediator, I'm here to keep
things on track and help you and Jack reach a
fair solution. One that you can both be happy with.
B: So you don't decide who's right or wrong.
A: No. You do that together.
B: I'm not sure we can do that. We don't usually
agree on anything.
A: Well, one of the most important things is to keep
an open mind, if not, nothing can happen! Anyway,
my role is to help you cooperate.
B: That's good!
9 Suggested Answer
How should the parties behave during the
mediation?
Be relaxed. Leave behind any feelings of hostility. Aim
to be cooperative.
Why is it important to have an open mind?
A narrow mind (or blinkered view or an all-or-nothing
approach) defeats the object of mediation, which is
1 Suggested Answers
1
If there is a disagreement between two countries
they will often try and settle it with the help of
intemational organizations, like the League of Arab
States or the African Union, who try to facilitate a
peaceful, fair solution. There are also International
Courts, such as the United Nation's International
Court of Justice where disputes can be heard.
2 International law is developed and agreed upon by
those that make up the international system, but
not every nation state is a member or has a part
in the process. The United Nations (UN) is probably
the most well recognized of all international
institutions.
2 1 customary law
2 conventional law
3 supranational law
3 1 B
2 F
4 Public international law
5 Private international law
3 E
5 A
4 D
6 C
4 1 derive, supersede
2 pool, override
3 genocide, slavery
4 treaty, entity
5 Suggested Answer
There are 3 distinct disciplines of international law:
1 Public international law: deals with the
relationship between international entities, such as
corporations or states. It includes maritime,
international humanitarian and criminal law.
2 Private international law: decides under which
jurisdiction a case should be heard.
3 Supranational law: when states who are a
members of a community pool their authority, a
supranational body can enforce laws against any
of the member states.
Answer Key
41
Answer Key
There are 2 main sources of international law:
1 Customary law: derived from customs e.g. the
rules governing war crimes or slavery.
2 Conventional law: derived from international
agreements and treaties.
6
T
2 T
Unit 15
Suggested Answers
1 The United Nations is an international organization
which aims to maintain international peace,
develop friendly relations among nations, promote
social progress, and improve living standards and
human rights around the world. In pursuit of these
aims it is involved in various peacekeeping and
humanitarian missions.
2 There needs to be a neutral platform where
international disputes can be heard. A court
affiliated to any country, or organization could be
biased towards one party.
3 F
7 1 private international law
2 dispute
3 customary law
4 derives
5 slavery
6 conventional law
8 Suggested Answer
A: I find this international law really difficult.
B: Can I help you with something?
A: Yes, please! I'm very confused about the difference
between public and private international law.
B: It's not so hard. Basically, public international law
governs the conduct of multinational companies,
intergovernmental organizations and individuals
involved in international affairs.
A: I see. But what about private international law?
Doesn't that involve private companies too?
B: No. It concerns which legal system and which
jurisdiction applies to a dispute.
A: I think I'm with you. Could you also explain the
difference between customary and conventional
law?
B: They're both sources of the rules of international
law.
A: And how are they different?
B: Customary law derives from the customs of states
over the years.
A: Oh, like ideas about what is a war crime or not.
B: Exactly. Whereas conventional law derives from
treaties and international agreements, as well as
the practices of international organizations.
A: Great. I understand it much better now. Thanks so
much.
B: No problem.
9 Suggested Answer
Public international law governs the behavior of
intergovernmental organizations, multinational companies
and individuals who are involved in international affairs.
Private international law is the body of law that
decides which legal system and which jurisdiction
applies to a dispute.
International laws come from customary law and
conventional law.
42
Answer Key
2
F
2 T
3 1 convene
2 recourse
4 1
2
3
4
3 F
3 ad hoc
4 decisive
5 terms
6 perspective
7 elected
5 submit
6 Developing countries
chambers
contentious
votes
nominated
5 Suggested Answer
The International Court of Justice is part of the United
Nations. It is located in The Hague in the Netherlands
and its job is to settle disputes between memb~r
states. It is composed of 15 judges who keep their
positions for 9 years but may be re-elected twice.
Decisions are made by majority vote but a president
has a decisive vote. Ad hoc judges can be elected
to sit in on contentious cases to give a local
perspective. The full court does not convene very
often. However, small chambers of 3-5 judges hear
cases on a more regular basis.
6
C
2 A
7 1 submitted
2 bench
3 elected
4 ad hoc
5 contentious
6 vote
8 Suggested Answer
A: Good morning, Justice Sanders. Thank you for
coming in today.
B: You're welcome.
A: I think you are aware that our government has
submitted a case to the International Court of
Justice. It concerns the pollution of our rivers by
countries upstream.
Answer Key
B: Yes, I had heard about it.
A: Well, we wanted to ask if you would sit on the
bench during the proceedings.
B: I thought judges had to be elected to the ICJ?
A: Usually yes, but in contentious cases like ours we
may nominate our own judge on an ad hoc basis.
It allows us to present our own perspective to the
court.
B: I see. And will I be able to vote?
A: Yes. Although the opposition will almost certainly
elect their own judges too, so it might not make
much difference to our case.
B: When does the court convene?
A: Not for some months yet.
B: Well, I'll need as much notice as possible so I can
have my cases taken over while I'm gone.
A: Of course. As soon as we have the date, we'll call
you.
B: Then I'm happy to do it.
9 Suggested Answer
The Honourable Mrs. June Sanders
Judge of the International Court of Justice
Dear Judge Sanders,
I have a case that is being referred by our government
to the International Court of Justice. It concerns
pollution of our rivers by countries upstream .
I should be very grateful if you would consider sitting
on the bench during the proceedings. You may
wonder how it is that a judge is allowed to sit on the
ICJ without being elected. The law states that in
contentious cases parties may choose a judge ad
hoc to sit in on their case. This allows these parties
to present their own perspective.
You will, of course, have the chance to vote, although
the opposition will undoubtedly also elect their own
judges, so your vote might not count for much.
Nevertheless, your services would be hugely
appreciated.
I very much look forward to receiving your reply.
Yours sincerely,
Benjamin Sutton
Answer Key
43
Audioscripts
Unit 1
Lawyer: Okay, let's talk about the jobs that we need to
accomplish today.
Assistant: Sure.
Lawyer: There are a number of crucial jobs that need to
be done. First, the entry of appearance for Herman
Bentley needs to be filed .
Assistant: I can do that easily enough.
Lawyer: Please don't forget. The deadline is today.
Assistant: I'm putting it at the top of my to-do list.
Lawyer: And I have got to do some work for the Adams
case. I've been procrastinating for days.
Assistant: That's not good.
Lawyer: I tried to work on it yesterday, but there was just
too much going on.
Assistant: There's a whole staff of secretaries and
assistants in this firm. You need to delegate more
work to them.
Lawyer: I know, I know. It's just that everything seems so
Important and I get nervous ...
Assistant: Because you're afraid it won't get done
correctly?
Lawyer: Exactly.
Assistant: But I'm sure they're all able to handle filing
papers and making phone calls.
Lawyer: You're right. Maybe I'll ask Sharon if she can help
me out today with some of the papers.
Assistant: I'm sure she'd be happy to give you a hand.
Unit 2
Secretary: Charles, do you have a minute?
Lawyer: Sure.
Secretary: I'm updating the master calendar. Do you
have any appointments that I need to add?
Lawyer: Oh, yes. There's probably several of them. Here,
why don't you have a look at my planner?
Secretary: All right. And I've just added some information
to the wall calendar from the tickler file. Some of
those deadlines might apply to you, so you should
check.
Lawyer: Okay, I'll take a look at it later.
Secretary: You know ... we really ought to get a better
calendar system than this. There's really good
software nowadays.
Lawyer: I guess I'm old-fashioned. I don't like computerbased calendars.
Secretary: But they're so useful! It's easy to track
people's schedules, plan meetings and avoid conflicts
... and you only have to enter the information once.
Lawyer: Once, huh?
Secretary: Yes. Some programs will even automatically
remind you about upcoming deadlines.
44
Answer Key
Lawyer: Ah, so you won't need to keep the tickler file
anymore!
Secretary: Well, no. I wouldn't.
Lawyer: Okay, Karen. I'll look into it.
Secretary: Thanks, I appreciate it.
Unit 3
Employee: I've signed my contract and those other
forms.
Secretary: Great. Now I just need you to sign this
document retention policy.
Employee: What's that?
Secretary: It's a form which outlines how long we have
to retain all the company records.
Employee: Really? I never realized such documents
existed.
Secretary: Oh, they're very important, especially in a law
firm. Everything has to be cataloged and kept.
Nothing can be destroyed until the specified time is
up.
Employee: How long is the time period?
Secretary: Most documents are kept for six years, but
some things, like meeting minutes, are kept in
perpetuity.
Employee: In perpetuity? You mean, forever?
Secretary: Yes.
Employee: Wow! At least things are computerized now.
We can keep electronic copies of everything.
Secretary: It isn't that easy. We have to keep most things
as a hard copy.
Employee: What happens if we don't comply?
Secretary: Oh, failure to comply can lead to all sorts of
problems. Fines, penalties, even trouble with the law.
Employee: Well, I'd better agree to it then. I'll sign it now.
Secretary: Wonderful, thanks.
Unit4
Paralegal: Hello, Rickard and Partridge. Margaret
Woodford speaking. Can I help you?
Client: Hello, it's James Hamilton here. I received a letter
from you this morning about your billing procedures.
Paralegal: Oh yes, of course.
Client: Could tell me what the hourly rate is for Mr.
Rickard's services, please?
Paralegal: Tony Rickard? The senior partner? His fee
would be considerably higher than the one we
quoted for you.
Client: Yes, I realize that, but I think his expertise would
be beneficial in this case.
Paralegal: Well, let me see. His hourly rate is $650, and
he would require a retainer fee of $1,000.
Audioscripts
Client: Will the retainer fee be refunded?
Paralegal: Only if it isn't used up in the duration of the
case.
Client: And would I keep all the recovery if I took that
option?
Paralegal: Yes, you would.
Client: Okay. And is there an option with a contingency
fee?
Paralegal: I would have to speak to Mr Rickard about
that.
Client: I'd be grateful if you could do that for me.
Paralegal: Certainly. I'll speak to him this afternoon and
call you later.
Client: Thanks very much.
Unit 5
Assistant: Hi, Patrick. You look stressed out. Is something
wrong?
Attorney: Well, Helen left me the file on the Ingman case,
but there are a few important things missing from it.
Assistant: Really? Hmm ... they're probably in her office.
Attorney: Do you mind helping me look for them?
Assistant: No problem. What's missing?
Attorney: Well, I've got the details of the warrant, but I
don't have anything on the withholding of bail.
Assistant: Okay. I think this is it, isn't it?
Attorney: That looks like it. Next, I need the details of
the arraignment.
Assistant: Oh, that's right here on top of this pile of papers.
Attorney: Let's see ... I've got the documents about the
plea bargain ... oh, she prepared some work for the
pre-trial motions. If you could find that, it'd save me a
lot of time.
Assistant: That's not it ... no ... here it is!
Attorney: Wendy, you're a lifesaver!
Assistant: Is that everything you need?
Attorney: I think so. I really appreciate your help.
Assistant: You're welcome. I helped Helen do some work
on the Ingman case before she left. If you need a
hand, let me know.
Attorney: I might take you up on that offer. Thanks.
Unit 6
Judge: So, tell me about this case.
Officer: The girl's name is Leanna Parks. She broke into
an elderly woman's house, threatened her, and stole
some money and jewelry.
Judge: That's pretty serious. Is she being detained now?
Officer: Yes, she is. She's in the juvenile correctional
facil ity. But this is her first offense.
Judge: How old is she?
Officer: She's thirteen.
Judge: We might be able to handle it off the record, since
this is her first offense.
Officer: But surely not without punishment?
Judge: Oh no. We could give her some community
service.
Officer: What about probation?
Judge: Yes, it might be an idea. What's her family
background?
Officer: Both of her parents have a criminal record.
Judge: Well they might be partly liable too, if there was
any damage done to the victim's house.
Officer: Well, that's your decision, but certainly I think we
should keep her in the correctional facility for the
time being.
Judge: Well, thank you for your input. I'll look into the
case further before I make a decision.
Officer: You're welcome.
Unit 7
Lawyer 1: Let's go over the evidence we have for the
Soames case.
Lawyer 2: Okay, good idea. I guess we ought to start
with the real evidence; the gun Soames used for the
bank robbery.
Lawyer 1: I spoke to Detective Meeks this morning. He
faxed me the documentation showing the chain of
custody.
Lawyer 2: Everything was handled properly, right?
Lawyer 1: Yes, there is no reason why the pistol shouldn't
be admissible as evidence.
Lawyer 2: Good. Is there any demonstrative evidence for
the case?
Lawyer 1: Yes. We have the videotapes from the bank's
security cameras.
Lawyer 2: I assume they're relevant?
Lawyer 1: Absolutely. The entire robbery was caught on
video.
Lawyer 2: Really? You can't beat that for material
evidence. What's next?
Lawyer 1: Testimonial evidence. First there's a Mrs. Gladys
Chambers ... but I don't think her testimony is
competent.
Lawyer 2: What's the problem?
Lawyer 1: She has terrible eyesight.
Lawyer 2: Well, that's not a problem unless ...
Lawyer 1: Mrs. Chambers admitted she wasn't wearing
her glasses at the time of the robbery.
Lawyer 2: I guess we'll strike her off the list of witnesses,
then.
Answer Key
45
Audioscripts
Unit 8
Lawyer: Hello, Mary Ellis speaking.
Expert: Hi, It's Mike Turnbull from the forensics lab. I've
got some results from the crime scene.
Lawyer: Oh, great, what did you find?
Expert: Well, I'll start with physical evidence. We've got a
shoe print from a size 10 tennis shoe.
Lawyer: Was there any other class evidence? The shoe
print by itself isn't that helpful.
Expert: We've got a red cotton fiber, probably from a
sweatshirt. But it isn't clear whether it comes from our
perpetrator or someone else who was in the area
that day.
Lawyer: Okay. Any fingerprints? Bloodstains?
Expert: There are no fingerprints. Our perpetrator must
have been wearing gloves. All the bloodstains seem
to come from our victim.
Lawyer: I appreciate your help, but unfortunately that's
not enough to connect the suspect to the crime.
Expert: I know, but we've still got some trace evidence
to examine.
Lawyer: Really?
Expert: Yes, we've collected some skin cells from under
the victim's fingernails. We're analyzing the DNA at
the moment.
Lawyer: Will you please phone me once the results
come in?
Expert: Of course. We should have them by the end of
the day.
Lawyer: Okay, I'll be here until 5:00 this evening.
Expert: I'll do my best to call you before five, then.
Unit9
Paralegal: Good afternoon, Mr. Aguilar. My name is
Miriam Bellwether.
Witness: You called me yesterday. You're here to ask me
what I know about the night Liza was attacked.
Paralegal: Yes, that's right. Do you mind if I record our
conversation?
Witness: Um ... no, I guess not. Am I going to have to
testify in court?
Paralegal: Well, that depends. If you have firsthand
knowledge of what happened, your testimony will be
very meaningful to the case.
Witness: I didn't see him attack her. I was watching TV
when I heard her start screaming.
Paralegal: 'Her' would be Ms. Liza Mellow?
Witness: Yes. The walls between the apartments aren't
very thick. She sounded very scared.
Paralegal: Did you hear anything else?
46
Answer Key
Witness: A couple of loud thumps. I called the police and
then I thought I'd check on Liza. I opened my door to
I go into the hallway ... and that's when I saw him run
out of Liza's apartment.
Paralegal: Who did you see?
Witness: His name is Eddie. I don't know his last name.
Paralegal: Have you ever met him?
Witness: No, but Liza talked about him. That's how I know
his name. And I'd see them around together.
Paralegal: So, you could positively identify him?
Witness: Yes.
Unit 10
Judge: I don't think I've ever excluded so much evidence
in all my years on the bench!
Clerk: Nearly three-quarters of that stuff was
inadmissible.
Judge: Well, the attorneys are trying to win their cases.
Although they seem to think that whoever has the
most evidence is going to win.
Clerk: All of it is circumstantial.
Judge: Well, circumstantial evidence often adds up.
Clerk: But not in this case. The jury members looked so
confused.
Judge: I know. Even I found parts of it confusing.
Clerk: What are you going to do?
Judge: I'm going to meet with the attorneys before we
get underway with the trial tomorrow.
Clerk: That's probably a good idea.
Judge: I'm going to tell them that from now on, any
evidence they present needs to have clear, probative
value.
Clerk: And if they still do it?
Judge: Then I'll hold them in contempt of court.
Clerk: Can you do that?
Judge: As far as I'm concerned, they're disrupting the
course of justice. That's a valid reason.
Clerk: Can't argue with you on that.
Unit 11
ADR worker: Good morning, King and Webb Alternative
Dispute Resolution.
Businessman: I was wondering if you can help me. I've
been having problems with some building contractors.
They didn't deliver what was promised and the work
was poor.
ADR worker: I'm sorry to hear that.
Businessman: I can't afford to go through litigation, and
courts take such a long time. A colleague suggested
I call you.
Audioscripts
ADR worker: We can definitely help you out.
Businessman: I'm not exactly sure how this works,
though.
ADR worker: Well, basically, you and the other party will
sit down together and try to agree on a settlement.
Businessman: Hmm ... I don't know if we could ...
ADR worker: Oh, you don't have to do it yourselves!
Someone else will be there to help. There are two
ways to do it.
Businessman: What are they?
ADR worker: In the first case, mediation, a facilitator will
guide the discussion and give suggestions. In the
second case, arbitration, we bring in an expert who
will make a ruling.
Businessman: Will that ruling be legally binding?
ADR worker: Yes it is. It's enforceable by law.
Businessman: That sounds like a better option than the
first one.
ADR worker: Well, in your situation, I also think arbitration
would work best.
Businessman: Okay. So tell me how to get this process
started.
Unit 12
Lawyer: So, what's the problem, Ms. Hunt?
Client: This company hasn't paid me for supplying them
with materials. I want to take them to court.
Lawyer: I see. Do you have your contract?
Client: Yes it's here.
Lawyer: Well, you can't take them to court. There's a
mandatory arbitration clause in this contract.
Client: A what clause?
Lawyer: Here, in the small print. It specifies that if there
is a dispute, it must be resolved through arbitration.
Client: Oh. Is that bad?
Lawyer: Yes and no. It's good because it's generally
quicker than going to court.
Client: But?
Lawyer: But the company chooses the arbitrators, so it's
possible the arbitrators will have an incentive to rule
in the company's favor. Repeat business, you see.
Client: But we can appeal if there's an erroneous ruling,
right?
Lawyer: Well, that's the other problem. There are limited
avenues for appeal in arbitration. Especially because
your contract states that any decisions will be legally
binding.
Client: I can't believe this!
Lawyer: Don't worry. We'll figure it out and get you the
money they owe you.
Cl ient: Okay. But in the future, I'll make sure I read 'any
contracts carefully before signing them!
Unit 13
Mediator: Hi, I'm Janet. I'll be your mediator today.
Man: My name is Greg. My ex-wife isn't here yet.
Mediator: You're trying to agree on child custody, is that
right?
Man: Yes. Candace wants me to Mediator: Oh, wait ... I'd prefer not to hear the details of
the problem until ... Candace? ... arrives.
Man: Sorry. I've never done mediation before.
Mediator: Well, I'd be happy to answer any questions for
you about the process while we're waiting.
Man: Oh, okay. Um ... so do you decide who's right and
who's wrong?
Mediator: No, I actually don't decide anything. That's up
to you and Candace. I just help keep things on track
so you can reach a fair solution you're both happy
with.
Man: I don't think that's going to happen.
Mediator: You need to keep an open mind ... otherwise
it won't happen for sure.
Man: You're right ... it's just Candace and I don't cooperate
well together.
Mediator: I'll do my best to help you two out with that
while you're in the mediation.
Man: It's a good thing you're here, then.
Mediator: I'm not going to be doing a whole lot. You and
Candace will be doing most of the work.
Man: Oh, I think I just saw her car pull into the parking lot.
Unit 14
Student 1: I find this international law really hard to
understand.
Student 2: Do you want some help?
Student 1: Please! First, I really don't understand the
difference between public international law and private.
Student 2: That's quite simple. Public international law
concerns the behavior of intergovernmental
organizations, multinational companies and individuals
who are involved in international affairs.
Student 1: Oh. I thought that public law involved people
and private law involved companies.
Student 2: No, all of those entities come under public
international law.
Student 1: So, what's private international law then?
Student 2: That determines which legal system and
which jurisdiction applies to a dispute.
Student 1: Hmm ... Can you explain customary law and
conventional law?
Student 2: Sure. They're both sources of international
law. That's where the rules come from.
Student 1: And what's the difference between the two?
Answer Key
47
Audioscripts
Student 2: Customary law is the law that derives from
the customs of states over the years.
Student 1: Oh, like attitudes towards slavery and things
like that?
Student 2: Yes. And conventional law comes from treaties
and international agreements, and increasingly from
the practices of international organizations.
Student 1: Well, that cleared it up a little, but I'm still going
to have to study hard. Thanks for your help.
Student 2: Anytime.
Unit 15
Employee: Good morning, Justice Perk ins. Thank you for
coming in today.
Judge: You're welcome.
Employee: I'm assuming you know that our government
has submitted a case to the International Court of
Justice. It regards the pollution of our rivers by the
countries upstream.
Judge: Yes, I was aware of that.
Employee: We wondered if you would sit on the bench
during the proceedings.
Judge: Me? I thought judges had to be elected.
Employee: The system allows us to nominate our own
judge, on an ad hoc basis.
Judge: Really? Is that always the case?
Employee: It is in contentious cases such as ours. It
allows us to present our own perspective to the court.
Judge: And will I also have the chance to vote?
Employee: Well, yes. But the opposition will undoubtedly
also elect their own judges too, so your vote might
not count for much.
Judge: And when does the court convene?
Employee: Oh, that won't be for several more months.
Judge: I'd need as much advance notice as possible so
I can have my cases covered while I'm gone.
Employee: Of course. As soon as I know, I'll call you.
Judge: Okay, then. I'll do it.
48
Answer Key
Career Paths English: law Law is a new educational resource for legal
professionals who want to improve their English communication skills in a work
environment. Incorporating career-specific vocabulary and contexts, each unit
offers step-by-step instruction that immerses students in the four key language
components: reading, listening, speaking, and writing. Career Paths English: Law
presents subject matter including basic legal concepts, court processes, legal
billing, evidence, and international law.
The series is organized into three levels of difficulty and offers over 400 vocabulary
terms and phrases. Every unit includes a test of reading comprehension,
vocabulary, and listening skills, and leads students through written and oral
production.
Included Features:
•
A variety of realistic reading passages
•
Career-specific dialogues
•
45 reading and listening comprehension checks
•
Over 400 vocabulary terms and phrases
•
Guided speaking and writing exercises
•
Complete glossary of terms and phrases
The Teacher's book contains a full answer key and audio scripts.
The audio COs contain all recorded material in American English and British English.
Books 1-3 of Career Paths English: Law are rated for the Common European
Framework of Reference for Languages at A 1, A2 and B 1 respectively.
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