BWR_Legal_English_Exam_8_Feb_2013_WS_Fabrie

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Legal English
Good luck!

Total points: 100

I)

Essay Question:

(25pts)

Choose one Essay Topic from the 3 choices or your own topic taken from your presentation. Critically discuss your essay choice by using the following: Introduction (define your topic), Main Body (describe, analyze, explain, compare/contrast, evaluate) and summarize (conclusion). 1) What are the effects of the Media on the public and buying power? Support your essay with examples and give your reasons for or against. 2) Critically compare and contrast Euthanasia (Sterbehilfe) and the moral and ethical aspects. Are you for or against Euthanasia? 3) Are law enforcement cameras an invasion of privacy? Or Write a critical essay based on the presentation that you did.

Title : ___________________________________________________

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II) Presentation Questions

Name one important fact about the following topics:

(8pts)

a) Abortion: ___________________________________________________________________________ b) Corruption: ____________________________________________________________________________ c) Death Penalty: ____________________________________________________________________________ d) Same Sex Marriage: ____________________________________________________________________________ e) Aschaffenburg Sightseeing: ____________________________________________________________________________ f) Organ Traffic: ____________________________________________________________________________ g) Credit Card Fraud: ____________________________________________________________________________ h) Monster Drink: ____________________________________________________________________________

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III) Match the crime or offence on the left 1-25 with the correct definition on the right a-y 25pts)
Put your answers on the dotted lines: 1. Arson x a) The general term for the killing of a person by another is homicide; murder is either the intentional killing or the malicious killing of another through carelessness.

2. Assassination d.

b) Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information.

3. Assault e.

c) Buying and selling; especially illicit trade like drugs.

d) To kill suddenly or secretively, especially a politically 4. Blackmail b

prominent person; murder premeditatedly and treacherously. To destroy or harm treacherously and viciously: to assassinate a person's character.
e) The threat or attempt to strike another, whether successful or not. f) To take (money, for example) for one's own use in violation of a trust. The misappropriation of funds that have been entrusted to one for care or management

5. Bribery and Corruption m.

6. Burglary n..

7. Drug trafficking c

g) To stop and rob (a vehicle in transit). h) Valuables pillaged in time of war, earthquakes, floods; spoils.

8. Embezzlement f.

i) Deliberate wrongdoing, especially by government or military

officials
9. Forgery k.. j) Entering onto another's land wrongfully

10. Hijacking g.

k) The act of reproducing something for a deceitful or fraudulent

purpose

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11. Kidnapping o

l) Violation of allegiance toward one's country or sovereign,

especially the betrayal of one's country by waging war against it or by consciously and purposely acting to aid its enemies.
m) The act or practice of offering money or gifts to someone in higher authority. An immoral act of persuasion for a favour. E.g. Politicians and donations of money or luxury holidays.

12. Looting h.

13. Manslaughter a.. n) Entering a building unlawfully with intent to commit a felony or to steal valuable property 14. Misconduct i o) To seize and detain unlawfully and usually for ransom. 15. Murder v.. p) The act or an instance of stealing; larceny.

16. Pilfer u..

17. Robbery y

q) The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons.

r) To steal merchandise from a store that is open for business. 18. Shoplifting r.. s) To import or export without paying lawful customs charges or 19. Slander t

duties.

t) Oral communication of false statements injurious to a person's 20. Smuggling s

reputation.
u) To take (the property of another) without right or permission. The act of stealing.

21. Terrorism q.

22. Theft p.

v) The unlawful killing of one human by another, especially with premeditated malice.

23. Treason l

w) Willful or malicious destruction of public or private property. x) The malicious burning of another's house or property, or in some statutes, the burning of one's own house or property, as to collect insurance.

24. Trespassing j

25. Vandalism w..

y) The act or an instance of unlawfully taking the property of another by the use of violence or intimidation.

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IV) The 4 Sources of Law (4pts)

Choose the right definition from the box (a-d):
a) Known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch.[ b) French civil code, established under Napolon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs should go to the most qualified.[1] c) The body of law that relates to crime. It regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. d) The legal system of ancient Rome, and the legal developments comprising more than a thousand years of jurisprudence from the Twelve Tables

1). What is common law? a. 2). What is Criminal Law? c. 3). What is the Napoleonic Code? b 4). What is Roman Law? d..

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V)

The Court Structure

The English Court System

(8pts)

Choose the right word from the diagram and complete the description that refers to each court:

1). Under the system of appeals in civil cases, it is also possible to appeal from a County Court or the High Court to the Court of Appeal (Civil Divison). 2). If the case involves a serious crime, it is heard in the .Crown Court..(there is only one Crown Court. But it has about 70 centers around the jurisdiction). 3). In less serious criminal cases (which exist of more than 90% of criminal cases), the case is sent for trial in one of over 400 Magistrates Courts.. 4). More substantial civil claims (over about 25,000) are heard in the High Court of Justice.. 5). Claims of lesser value will start in a County Court.. They can also deal with divorce or bankruptcy cases. 6). From the Court of Appeal, there can be an appeal to the. House of Lords... on fact or law, but usually appeal is only allowed on matters of legal importance. 7). Matters of important legal dispute arising in the Crown Court may be appealed to the Court of Appeal (Criminal Division) ..

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VI)

Court Personnel
Choose the right word from the box for the gaps

(8pts)

Bench magistrates

clerk

prosecutor criminal police

judiciary secretary

judges solicitor president

barrister

The Judiciary.. are perhaps the most important amongst those involved in supervising the court. The biggest group of Judges are magistrates.., normal citizens who are legal professionals but are appointed to ensure that the local community is involved in the running of the legal system. They sit as a group of threes (as a bench). Magistrates sit with a legally qualified clerk, who can advise on points of law. A case is presented by the prosecutor., who takes over the case from the police.. who have already charged the defendant (or accused) with specified crimes. In the upper courts, the judges are almost all former barrister. But many cases are also heard by recorders - part-time barristers from private practice. The Crown Court jury consist of 12 persons, aged 18-70.

VII) What is the difference between a Solicitor and a Barrister? (2pts)

1). Solicitor : solicitors are those who specialize in litigation and who appear in Magistrates' and County Courts or at Employment and other Tribunals). For most solicitors, however, their office will be their principal place of work, whether employed as an in-house lawyer with a multinational company or as a partner in a small High Street practice. 2). Barrister: A barrister is essentially an advocate speaking on behalf of his or her client, arguing the client's case, persuading the judge or jury to the advocate's way of thinking.

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VIII) The 8 Prepositions of Law (8pts)

What preposition belongs to which legal phrase?

1). To fine someone for. trespassing. 2). To be guilty of.. an offence. 3). To bring a case to.. court. 4). To sentence a person for.. a crime. 5). To handcuff an offender for shoplifting. 6). To accuse someone in.. front of the judge. 7). To claim damages for something. 8). To be entitled to.. compensation.

IX) Contract of Employment (3pts)

Name 3 important points in a Contract of Employment:

1). Signature, date and place, names of the parties etc .. .. 2). Date of Commencement, job description, legal clauses, probation period etc.. .. 3). Salary, incentives if any, bonuses etc. .. ..

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X)

9 types of Legal Contracts (9pts)

Match the type of legal contract on the left (1-9) with the correct definition on the right (a-i). Put your answers on the dotted lines.

Type
1). Consultancy Agreement e.

Description
a). This agreement is used where one party grants to another the right to run a business in the name of the first party. E.g. Body Shop and McDonalds. b). This agreement should be used where one party (the licensor) owns intellectual property rights in respect of a product it has developed and wishes to license the manufacture of the product to a 3rd party. c). This contract comes into existence as soon as a job offer is accepted whether that offer is oral or in writing. d). This is intended to govern the relationship between a number of shareholders in a company. e).This agreement is used where one party is providing services as an independent advisor to a company. f). This is the equivalent of a contract of employment for directors. g). This agreement is used to ensure the repayment of money borrowed, usually in monthly installments. h). This agreement sets out the terms and conditions on which a business supplies goods. i). This agreement is used where one party buys good from the manufacturer and re-sells them on his own account. E.g. Manufacturers intellectual property rights.

2). Distribution Agreement

i.

3). Franchise Agreement a.

4). Loan Agreement

g.

5). Manufacturing Licence Agreement b.

6). Terms and Conditions of Sale Agreement h.

7). Contract of Employment c.

8). Directors Service Agreement f.

9). Shareholders Agreement d.