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Published by Express Publishing

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Tel.: (0044) 1635 817 363
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Express Publishing, 2011
Design and Illustration Express Publishing, 2011

First published 2011

Made in EU

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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


1 Suggested Answers Civil Case Update
1 Judge, attorney/lawyer, paralegal, clerk of the Attorney: Sally Fields
court, bailiff. Plaintiff's complaint: Plaintiff manufactured goods
2 I would like to be a judge. I think it would be much and supplied them to defendant. Defendant not paying.
less stressful than being an attorney, because you Possible outcome: Defendant may win case. Plaintiffs
don't have to worry about winning your case. factory will close down.
However you still get to work in a court and hear Reason: Plaintiff has little evidence / defendant's
lots of interesting cases. attorney is very good.

2 1 plaintiff Unit 2
2 defendant 1 Suggested Answers
3 speak on behalf of their clients
4 may assist the attorney 1 People decide to take legal action for many
5 judge reasons, for example if they have been injured in
an accident that was not their fault, if their
3 1 B 3 D 5 F 7 G property has been damaged, if they have been
2 A 4 C 6 E unfairly treated by their employer or if they have
been the victim of a crime.
4 B 2 B 3 A 4 A 2 People usually need to contact a legal firm to get
advice about how to take legal action. People
5 Suggested Answer also need to be sure they have evidence to
support their claim.
In the legal system a civil case begins with a plaintiff,
the person who makes a complaint. The plaintiff files
2 T 2 F 3 T
the complaint with a court. The person the plaintiff
accuses of a crime is the defendant. Both the plaintiff
3 B 2 A 3 B 4 A 5 B
and the defendant have attorneys to present their
cases to the court. Attorneys have paralegals, people
4 1 settle 3 trial 5 proof
who have legal training, to assist them. In the court a
2 appeal 4 legal action
jury and a judge listen to both sides of the case. The
jury decides on a verdict and the judge makes the
5 Suggested Answer
decision on how to resolve the case.
If you have been involved in a dispute or have been
6 D 2 D injured by someone else's carelessness, Butler and
Evans Associates can help you to take legal action and
7 1 civil 3 complaint 5 plaintiff get due process. They will initiate a lawsuit to try and
2 attorney 4 defendant 6 jury get you the damages you are entitled to. Butler and
Evans investigate your case to get the proof required
8 Suggested Answer 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
A: Hi, Sally. How is that civil case coming along. win your case, they don't charge you any fee.
B: Oh, Roger, I wish you hadn't reminded me!
A: Why, what's wrong?
6 A 2 C
B: I'm afraid our client's complaint has run out of steam.
A: Well, has it? 3 settle 5 proof
7 1 offer
B: It depends or whether the judge decides there
2 lawsuit 4 pay for half 6 you're right
was a valid contract between the plaintiff and the
defendant. He really needs the money, or his
8 Suggested Answer
factory may be forced to close down.
A: Do you have evidence to prove that there was? A: Good morning, Mrs. Smith. I just received a call
B: Some, but the defendant's attorney is very good from Mr. Jones' lawyer. He said, Mr. Jones is willing
and he may succeed in having it disallowed. to put an end to your dispute.
A: Okay, then why don't you ask our paralegal to do B: Great. So what do we do next?
some more research? A: Well, he will only stop defending the lawsuit if you
B: Good idea. agree to settle.
4 Answer Key
oot{ . Answer Key

B: What is he asking for? form books, are kept in another part of the library.
A: He wants you to pay for the costs of arguing the Most libraries also have computerized databases with
case so far and he will pay for the damages to all these resources on them.
your car.
B: But I was parked on the side of the road! He drove 6 F 2 T 3 F
straight into me!
A: I understand. But seeing as the legal system for 7 1 legal encyclopaedias 4 primary materials
these types of cases can be so slow, I suggest 2 in common 5 statutes
you settle. 3 case annotations 6 No problem
B: Oh, all right, then you're the expert.
8 Suggested Answer
9 Suggested Answer A: Hi John. Did the law library have anything to help
Client: Samantha Smith our case?
Date: 4th July 2001 B: Yes. There were several similar cases in the legal
Meeting about: Settlement of car crash case. encyclopedias. It seems that judges often dismiss
cases against young defendants.
Recommended that client should settle by agreeing
A: Do the dismissed cases have anything in common?
to pay legal costs to date. Only then will Mr Jones
B: Well, I looked at the case annotations and found
pay for damages to her car.
that none of the defendants had any previous
Client will settle on these terms.
convictions.
A: Great work!
Unit 3 B: I've also collected some primary materials about
1 Suggested Answers crimes involving young offenders.
A: Thank you. Can you do me one more favor? Write
1 Legal professionals can find information about
a summary of the statutes on young offenders.
cases in legal encyclopedias, law journals, digests
B: No problem, I'll do it right away.
and case annotations. These books can be found
in many libraries. Courts will also have records of
9 Suggested Answer
past cases, and nowadays there are several
computerized databases of court cases on the Source(s): Legal encyclopedias, case annotations
Internet. Useful info: Judges often dismissed cases against
2 Legal professionals need good research skills young defendants
because they have to find and research laws and What cases have in common: Young defendants/no
past cases relevant to their case. previous convictions.

2 B 2 C 3 B Unit4
1 Suggested Answers
3 1 primary materials 3 cite 5 resources
2 form book 4 digest 1 In the USA new laws are made when a member of
Congress sponsors a bill proposing a new law. The
4 1 journals 4 case annotation bill is assigned to a committee who study it with the
2 computerized database 5 legal encyclopedia help of experts. If the committee decides to pass it
3 references on then the relevant chamber of Congress votes
on the bill. If a majority votes for the bill it passes to
5 Suggested Answer the next chamber of Congress (i.e.: if it was
introduced in the Senate, it goes to the House of
Law libraries keep different documents in different
Representatives and vice versa) and the process is
sections. In one section you will find primary
repeated. If the second chamber votes in favor of
materials, which are the texts containing actual laws.
the bill it is revised by a conference committee and
In another you can look at secondary materials,
then sent back to both chambers to be voted on
which give opinions on these laws. In the section for
again. If the bill is passed by both chambers, it goes
secondary materials you will find legal encyclopedias
to the president for their signature and approval.
and digests, which are summaries of individual cases.
After this, it officially becomes a law. If the president
Law journals will be contained in another section. In
doesn't approve the bill, it can still become law if
these journals you can find case annotations. Finally,
two thirds of Congress approve it.
Answer Key 5
Book 1 Answer Key

I think this system works well because it prevents Unit 5


people from quickly making laws that might not Suggested Answers
benefit people. There are a lot of checks and no
1 When they first meet attorneys and clients might
one person has absolute authority.
talk about legal fees, which court a case will go
2 National laws, or federal laws, are passed by the
to, the possible duration of the case, its likelihood
federal government. State laws are passed by
of success and what documents are needed from
states and apply only to the specific state which
the client.
they were passed in. They should not contradict
2 In order to work together and trust each other
national law. States also delegate lawmaking
attorneys and their clients need to agree on fees
powers to different agencies, counties and cities,
before beginning a case. Preparing a case is a lot
which can make local laws about smaller issues
of work, and running a law firm is expensive.
such as parking rules.
Attorneys need to know they will be paid.
2 T 2 F 3 T
2 B 2 B 3 C
3 A 2 A 3 B 4 A 5 B
3 A 2 D 3 C 4 B
4 B 2 B 3 C 4 B 5 A
4 1 medical records, police report
2 intake memo, fee agreement
5 C 2 A
3 correspondence/litigation
6 1 national legislation 4 took that case
5 F 2 T 3 T
2 accident 5 state law
3 tough 6 statute
6 1 agreement 4 demand package
2 intake 5 litigation
7 Suggested Answer
3 retainer 6 form
B: Why is Great Cars Incorporated being sued?
A: They didn't follow the national legislation on brake 7 Suggested Answer
testing procedures. A client's brakes failed and he
A: Janine, did you find the signed copies of the fee
crashed into a wall.
agreement and retainer agreement for Mrs.
B: So, the driver's suing Great Cars?
Jackson?
A: Yes. He's suing them for $ 1 million.
B: Yes, I did. Have you also got her intake memo?
B: That sounds hard to beat.
A: Oh, yes. I guess it's still in my office.
A: Well, we'll have a shot. There's a precedent from a
B: Don't worry, I can get it.
lawsuit against Car Masters. A judge dismissed the
A: Have you got a copy of the demand package we
case when they weren't able to follow the statute.
sent for her medical records?
B: Aaah, I've seen it. It should help our client's case.
B: Yes It's all in her pre-litigation folder.
A: Fantastic. Please send her a copy along with the
8 Suggested Answer
other documents. Don't forget to include the form
Date: 27th May 2011 letter.
I met with Julian today. He is working on a case for B: No problem.
Great Cars Inc. The company didn't meet the
requirements of national brake testing regulations 8 Suggested Answer
and as a consequence, a customer drove into a wall
Dear Mrs. Jackson,
and is suing them for $1 million. But Julian thinks they
I am pleased to enclose the foll owing documents:
can win the lawsuit. There is a precedent that might
Fee agreement
help them. Another company didn't meet state law
Retainer agreement
requirements for seatbelts. But, a judge dismissed the
Intake memo
case when they weren't able to follow the statute.
Demand package
Please sign the relevan documents and return them
to us as soon as possiDle.
Janine Davis.
Paralegal

6 Answer Key
Book Answer Key

Unit 6 9 Suggested Answer


1 Suggested Answers Dear Mr. Moisey,
1 In the USA there are district courts, state courts, In response to your question, your case is not going
a Court of Appeals and a Supreme Court. to the state courts. It is going to a district court
2 Disputes with the state go to the state courts. because it is a small case and does not fall under
General disputes involving federal laws go to the jurisdiction of any specialized court.
district courts. Appeals against previous rulings go If you do not agree with the court's decision, the case
to the Court of Appeals. Specific claims relating goes to an appeals court.
to bankruptcy or tax go to specialized bankruptcy They have to review it because they do not have
and tax courts. The Supreme Court usually only discretionary review (the ability to choose which
hears cases that involve important questions cases they will review).
about the Constitution or federal law. Yours Faithfully,
T. Greer
2 F 2 T 3 F
Unit 7
3 1 District 3 jurisdiction
1 Suggested Answers
2 state 4 claims
1 Which court hears a case is determined by where
3 review 5 discretionary the offense was committed, where the defendant
4 1 Supreme
2 appeals 4 bankruptcy 6 specialized or plaintiff are from, and what the case is about.
2 A case can be heard in more than one court, both
5 Suggested Answer state and district, if the parties are from different
states. This allows the parties involved to escape
In the USA there are 5 main types of courts. In the
the possible prejudice of local judges and juries.
state courts disputes with the state are decided.
A case is also heard in more than one type of
Other disputes go to district courts or in some cases
court if the initial verdict is appealed and the case
to specialized courts, such as tax or bankruptcy
goes to the Court of Appeals for review.
courts. If you disagree with a verdict your case will
go to the Court of Appeals, which reviews decisions
2 1 Personal jurisdiction
from other courts. The Supreme Court is also an
2 Jurisdiction over an area
appeals court, but it has discretionary review, meaning
3 Subject jurisdiction
it may choose whether it hears your case or not.
4 Only one court can decide the issue
5 Concurrent jurisdiction
6 X 2 .I 3 .I 4 X 5 X
3 B 2 A 3 B
7 1 state 3 decides 5 review
2 district 4 reviewed 6 discretionary
4 1 territorial jurisdiction 5 forum shopping
2 exclusive 6 legal bodies
8 Suggested Answer 7 subject jurisdiction
3 personal jurisdiction
A: So, will my case go to the state courts? 4 concurrent
B: No, it won't.
A: But it's a dispute with the state. 5 Suggested Answer
B: Yes, but district courts normally have jurisdiction There are three main types of jurisdiction. Firstly there
over cases like yours. is personal jurisdiction, the authority over a person.
A: Okay, I understand. And is it possible to appeal Secondly there is territorial jurisdiction or authority
against a district court's decision? over an area, and lastly there is subject jurisdiction
B: Yes, we can ask for the decision to be reviewed
which is authority over a particular subject.
in the Court of Appeals.
A: Are you sure they will review a small case like mine?
6 D 2 C
B: They have to. Only the Supreme Court operates
under discretionary review, so don't worry!
7 1 territorial 3 concurrent 5 legal bodies
2 adjudicate 4 welcome 6 favor

Answer Key 7
Book Answer Key

8 Suggested Answer 8 Suggested Answer


A: Which court is this case going to? A: Your honor, I don't believe that Juror 5 should sit
B: Probably to the district court. It has territorial for this trial.
jurisdiction. B: Why?
A: Okay. But in this case, a subject-specific court A: Due to an answer he gave to one of my
can also adjudicate. Right? questions. He said that violent computer games
B: I don't think so. I'm pretty sure no other legal bodies have made young people nowadays more likely
have authority. But you're welcome to check. to commit crimes.
A: I will do. I think jurisdiction is concurrent, and a B: And you're concerned that he will be unfair
subject specific court might be more likely to rule towards the defendant.
in our favor. A: Exactly. My client's only twelve.
B: I hope that's true! B: Fair enough. Juror 5 is released.
A: Thank you, your honor.
9 Suggested Answer B: We'll continue the process after the clerk of the
The case is likely to go to the district court because court calls in another juror.
it has territorial jurisdiction.
Mr. Ryan believes that a subject-specific court can 9 Suggested Answer
also adjudicate. Jury Notes
We must check whether there is concurrent jurisdiction. Today we released a juror. I thought he would be
Then we can choose a court that is more likely to rule unfair towards the defendant.
in our favor. I believe this because he said that young people
nowadays are more likely to commit crimes as a
Unit 8 result of playing violent video games and the
defendant is only 12 years old. The judge agreed and
1 Suggested Answers asked the clerk of the court to call in another juror.
1 During a trial the jury, judge, bailiff, the clerk of the
court and the attorneys must be present in the Unit 9
courtroom.
2 Lawyers can interview jurors and ask specific 1 Suggested Answers
questions to determine if they will be able to give 1 Before a case can go to court the defendant has
an unbiased verdict in the trial or will be to be formally charged with a crime or offense.
prejudiced against the case. Attorneys may need to exchange documents
pertaining to the trial, and the prosecution must
2 F 2 T 3 F present their evidence to a judge to prove that
they have a valid case. There may also be an
3 1 C 3 A 5 F opportunity for the parties to settle the case
2 E 4 B 6 D without going through court.
2 A jury might not be able to agree on a verdict if
4 A 2 B 3 A 4 B there are strong differences of opinion among the
jurors. This could be because case is very
5 Suggested Answer controversial, or the evidence is confusing.
When you report for jury duty you are asked a series
of questions by the defense and prosecution attorneys 2 B 2 C 3 D
to find out if you are a suitable juror for the case. If
you are not chosen for the jury you will leave after 3 1 acquitted 3 plea bargain
the questioning. If you are chosen then you will do 2 suppress 4 discovery
jury duty for the trial and help decide on a verdict.
4 1 sentenced, charged
6 A 2 D 2 arraignment, trail
3 mistrial, pre-trial hearing
7 1 juror 3 unfair 5 proceedings
2 reason 4 defense 6 clerk 5 T 2 F 3 T

8 Answer Key
Book 1 Answer Key

6 1 pre-trial hearing 3 discovery 5 mistrial 6 A 2 A


2 suppress 4 trial 6 handle
7 1 approach the bench 4 perjury
7 Suggested Answer 2 evidence 5 removed
B: Hello, Richard Burke speaking. 3 under oath 6 protocol
A: Richard, it's Elizabeth Smith. I'm calling about the
pre-trial hearing on Monday. How was it? 8 Suggested Answer
B: Not so good. The judge suppressed a lot of our A: Your Honor, may I have permission to approach
evidence. the bench.
A: Oh, no. Do we have a trial date? Will we have B: You may.
enough time to prepare the evidence we do have? A: Your Honor, I have evidence that this witness
B: This is the good news. The trial's not until April. worked with my client.
Lots of time. B: But he just told us he had never met your client
A: I agree. I still want to handle the case myself. before.
B: Okay, just do your best. Looks like we'll lose this A: I know. He's changing his story even though he's
one, anyway. under oath.
B: Are you accusing the witness of perjury?
8 Suggested Answer A: Yes. He should be removed and investigated.
Date of Hearing: 21st December B: That's a very serious charge. You must follow
Jury's decision or evidence: Suppressed 3/4 of our protocol to do that.
evidence
Trial scheduled for: 20th April 2011 9 Suggested Answer
Who will handle case: Elizabeth Smith. Complaint
Attorney: Mr. Rodriguez
Unit 10 What is the accusation? Perjury
Is there evidence: Yes
1 Suggested Answers If yes, what is it: Records of employment show the
1 It is important to behave properly in a court room in witness worked with my client.
order to make a good impression on the judge and Required action: Removal and investigation of witness.
jury. It is also a sign of respect for the judicial system.
2 People can find information about court etiquette Unit 11
on the Internet, in libraries and legal books, and
from their attorneys. 1 Suggested Answers
1 Yes, I do think that people can commit crimes for
2 1 protocols 3 lies good reasons. If someone breaks into a factory
2 All rise 4 addressing that manufactures bombs and damages the
machinery, they are guilty of trespass and harm
3 1 under oath 3 approach the bench to property, but they committed the offence with
2 address 4 off the record the aim of saving innocent lives.
2 For minor crimes such as burglary or harm to
4 1 B 3 B 5 A property, probation or community service are fair
2 C 4 B 6 C punishments. For major crimes, such as murder,
going to jail is a fair punishment. I believe capital
5 Suggested Answer punishment is never fair, because it is a crime itself.
In court before the judge enters you will hear the
clerk of the court say "All rise" and you must stand 2 1 probation 3 jail
up. You are sworn in by the clerk. After you have 2 trespassing 4 murder
been sworn in you are under oath and you must not
lie. If you lie you can be charged with perjury. In the 3 B 2 B 3 A 4 A 5 B
courtroom you must not interrupt the judge and you
have to call him "Your Honor". Only the lawyers may 4 B 2 A 3 C 4 A 5 B
approach the bench, where they may talk to the
judge off the record from the well, the area right in
front of the bench.
Answer Key 9
Book Answer Key

5 Suggested Answer 3 A 2 B 3 E 4 C 5 D
Criminal law punishes those people who commit
crimes. 4 1 compensation 4 injunction
For minor crimes, such as trespassing you may get a 2 sue 5 liability
fine. 3 punitive damages
If a criminal commits the same offence many times
they may go to jail. 5 Suggested Answer
The successful applicant will deal mainly with tort law
6 T 2 F 3 T cases. The cases will mainly concern suing for
monetary damages as a result of personal injuries.
7 1 probation 3 convicted 5 crime The successful applicant will also be responsible for
2 trespassing 4 jail 6 offend helping clients file for injunctions and for proving
liability and establishing the negligence of defendants.
8 Suggested Answer Other cases the candidate may be involved in will
concern probate and divorce.
B: Let's talk about the sentencing? My client doesn't
deserve to go to jail. Will you recommend probation?
6 T 2 T 3 F
A: Why would I do that?
B: My client's crime wasn't violent. He was only
7 1 tort law 3 liability 5 probate
trespassing.
2 injunctions 4 monetary damages 6 afraid
A: I take your point - but he was convicted for theft
only last year.
8 Suggested Answer
B: True. But he was punished for that and he doesn't
deserve to go to jail now. A: Good morning Ms. Adams. Please sit down.
A: I'm still going to recommend a short term in jail. I B: Thank you.
just don't want him to offend again. A: Let's get started. Do you have any experience
with tort law?
9 Suggested Answer B: I do. At my last job, I filed injunctions against
companies and initiated lawsuits.
I recommend that the defendant should be put on
A: And were you often able to prove liability and
probation.
establish negligence?
I feel this way because, in spite of the fact that he
B: Very often. Around 80% of my clients were
has been in trouble before, he is a good man and I
awarded monetary damages.
do not believe he will offend again.
A: Excellent. Do you have any experience with probate?
I do not want the defendant to receive a sentence
B: I do, but it's very limited, I'm afraid.
of three months in jail.
That sentence would be disproportionate to the
9 Suggested Answer
nature of the defendant's offense.
Job title: Civil Law Attorney
Candidates name: Ms. Alena Adams
Unit 12
Experience in tort law: Extensive, in last job filed
1 Suggested Answers injunctions and initiated lawsuits.
1 People take legal action against other people for Experience in probate: Limited, but has some.
many reasons. These can include unfair treatment
at work, injury to person or property as a result of Unit 13
someone else's conduct, and disputes with
1 Suggested Answers
neighbors or family members.
2 Courts award money to plaintiffs who win their 1 Government agencies make rules for businesses
cases as compensation for the mental, physical to prevent them from taking advantage of their
or monetary damages they may have suffered as customers or abusing the environment in order to
a result of the defendant's action. These damages make more profit. These rules also make sure that
also act as a deterrent against future misconduct businesses behave fairly towards each other.
on the part of the defendant. 2 An attorney can help bu siness owners follow laws
by explaining what legislation they need to comply
2 1 C 2 D 3 D with and helping them complete the relevant
paperwork.
10 Answer Key
Book 1 Answer Key

2 F 2 T 3 F 3 1 beliefs 4 recommend 7 obtain


2 assertion 5 termination
3 1 license 3 jeopardize 5 negotiate 3 documentation 6 wrongful
2 bureaucracy 4 regulations
4 valid 2 elicit 3 factual
4 C 2 C 3 B 4 A 5 C
5 B 2 C
5 B 2 C
6 1 cause 4 valid
6 1 sit down 4 public health 2 wrongful termination 5 obtain
2 Health Department 5 required 3 documentation 6 get them
3 compliance 6 restaurant
7 Suggested Answer
7 Suggested Answer A: So, please tell me what's going on Miss Crane?
A: Mr. Evans, please sit down and tell what I can do B: Well, last week, without warning from my boss, I
for you was asked to pack up all my things and leave the
B: Thank you. The issue is that the Health office. I even had security guards escort me out.
Department wants to shut down my restaurant. A: I'm sorry you had to go through that. Do you have
A: Why is that? any idea why your employer took this action?
B: The health inspector told me that I'm not in B: Not at all. I thought I was doing a really good job.
compliance with regulations. A: Then, you're obviously interested in filing a lawsuit
A: Did the inspector tell you which regulations you of wrongful termination of employment against
weren't complying with? your boss.
B: The problem is that I don't have a public health B: Very much so! I had a pay rise one month before
license. I was let go. It just doesn't make sense.
A: Okay, I see. All restaurant owners have to have A: Do you have documentation to support your
one. But I can definitely help with that. assertions?
B: That's good news. I need it as quickly as possible B: Yes, I have kept everything.
to stop them shutting down my restaurant. A: OK, no need to worry now. What you have told me
so far suggests you have a strong claim. Please
8 Suggested Answer send me all the documents in your possession. I will
Clients name: Mr. Evans review them, and then we can move forward. A
Legal problem: Health inspector says his restaurant statement of facts will be very useful, too.
is not in compliance with health regulations. B: Thank you so much for your help. Wonderful. I'll
Details: Needs a public health license. send you the papers tonight.
A: You're welcome.
Unit 14
8 Suggested Answer
1 Suggested Answers
Clients name: Georgina Crane
1 An attorney will start by asking a new client for Reason for visit: potential wrongful termination
details about their case. The attorney will try and Has documentation: ~/N Said she would send them
elicit as many facts about the case as possible. tonight.
They will also ask the client if they have any If yes, what type: Not sure yet, but may have
documentation to support their claim. certificate in pay rise.
2 An attorney might not take a case if they believe Recommend accepting case: ~/N
they are very unlikely to win it. They may also
refuse cases that could easily be settled outside
Unit 15
of court, or those with insufficient basis or
evidence for a trial. Attorneys may not take cases 1 Suggested Answers
that are outside their field of expertise and require 1 A witness can help your case by giving testimony
a great deal of research. to support it. For example, an eyewitness account.
However witnesses who lie, either to support or
2 1 T 2 F 3 F 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, 8 Suggested Answer


hostile witnesses, those who don't support your A: Thanks for coming in today. The reason I asked
case, eyewitness, those who saw an incident first you here is because I need an expert witness for
hand and expert witnesses, who offer expert a case.
opinions on matters related to a case. B: Well, I'd be happy to help you.
A: That's good news. First, I just need to confirm your
2 T 2 F 3 T qualifications. How long have you been in the
police force?
3 B 2 A 3 D 4 E 5 C B: I've been an officer for 19 years.
A: Great. My problem is that eyewitness statements
4 1 first hand 3 prejudiced 5 statement say that my client was at the crime scene.
2 qualifications 4 credibility B: And he wasn't?
A: No. He only looks like the suspect.
5 Suggested Answer B: Eyewitness accounts certainly aren't always reliable.
A reliable witness can really help a court case.
Unfortunately, not all witnesses are reliable. If you aren't 9 Suggested Answer
sure about your witnesses' credibility it could destroy Witnesses's name: Detective Jones
your case. There are 4 main types of witnesses. Type of witness: Expert
A friendly witness is one who supports your case, but Opinion of eyewitness accounts: Not always credible
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 4 eyewitness statements


2 happy 5 accounts
3 qualifications 6 credible

12 Answer Key
Audioscripts

Unit 1 Lawyer 2: Right. Now he's suing them for $1 million.


Attorney 1 Hi, Robert. How is that civil case going? Lawyer 1: It sounds tough to beat.
Attorney 2 Hey, Janet. It's not going all that well, actually. Lawyer 2: We have a shot. There's a precedent from a
Attorney 1: Oh? What's wrong? lawsuit against Car Masters.
Attorney 2: The defendant's attorney is pretty good. He's Lawyer 1: I almost took that case. They didn't meet state
making our complaint seem weak. law requirements for seat belts, right?
Attorney 1: Well, it's not, is it? Lawyer 2: Yes. But a judge dismissed the case when
Attorney 2: No, the defendant owes my client thousands they weren't able to follow the statute.
of dollars. But that's based on a verbal agreement.
Attorney 1: I see. So the plaintiff has nothing in writing? Unit 5
Attorney 2: Exactly. I'm worried that the jury will decide
Lawyer: Janine, I've signed the fee agreement and the
against us.
intake memo for Mr. Hendricks.
Paralegal: Thanks. What about the retainer agreement?
Unit 2 Lawyer: Oh, sorry, it's probably still in my office.
Lawyer: Hello, Mr. Williams. I received an offer from Ms. Paralegal: Don't worry, I'll get it.
Johnson's lawyer. She's ready to end this dispute. Lawyer: Have you got a copy of the demand package
Client: Really? What do we need to do? we sent for his medical records?
Lawyer: Well, she's not dropping the lawsuit unless you Paralegal: Yes, the records are in his pre-litigation folder.
agree to settle. Lawyer: Good. Send that to him too, and don't forget to
Client: What is she asking for? include the form letter.
Lawyer: She wants you to pay for half of the damages Paralegal: No problem.
to her car.
Client: But I didn't wreck her car! Someone else ran into it. Unit 6
Lawyer: I know. But since you have no proof, I suggest
Client: So, is my case going to the state courts?
you settle.
Attorney: No, that's not going to happen.
Client: I don't like it. But I guess you're right.
Client: Why not? It's a dispute with the state.
Attorney: Well, district courts usually have jurisdiction
Unit 3 over smaller cases like yours.
Lawyer: Oh, Mary, you're back. Did the law library have Client: I see. What do we do if the district court decides
anything to help our case? against us?
Paralegal: Yes, there were several similar cases in the Attorney: We ask for the case to be reviewed in the
legal encyclopedia. Apparently, judges often dismiss Court of Appeals.
cases against young defendants. Client: And they have to review it, right?
Lawyer: Okay. Do those defendants have anything in Attorney: Yes. There's no discretionary review in appeals
common? courts. That's reserved for the Supreme Court.
Paralegal: According to the case annotations, none of
them had any previous convictions. Unit 7
Lawyer: That's perfect.
Lawyer 1: Which court is this case going to?
Paralegal: I also gathered primary materials about crimes
Lawyer 2: Probably to the district court. It has territorial
involving young offenders.
jurisdiction.
Lawyer: Thank you. Can you do me one more favor? Write
Lawyer 1: A subject-specific court is able to adjudicate
a summary of the statutes on young defendants.
this matter too, right?
Paralegal: No problem.
Lawyer 2: I don't think so.
Lawyer 1: Really? I thought jurisdiction was concurrent.
Unit4 Lawyer 2: You're welcome to check. But I don't think any
Lawyer 1: So, why is Great Cars Incorporated being other legal bodies have authority.
sued? Lawyer 1: I'll find out. I think we could choose a court
Lawyer 2: They didn't follow national legislation on brake more likely to rule in our favor.
testing procedures. Lawyer 2: I hope you're right.
Lawyer 1: I see. And a driver got in an accident?

Answer Key 13
Audioscripts

UnitS Unit 11
Attorney: Your Honor, I don't believe that juror four should Defense Lawyer: Let's talk about the sentencing. My client
sit for this trial. doesn't deserve to go to jail. Will you recommend
Judge: For what reason? probation?
Attorney: One of his answers to my questions. He Prosecutor: Why would I do that?
believes that young people are more likely to commit Defense Lawyer: His crime wasn't violent. He was only
crimes these days. trespassing.
Judge: And you're worried that he will be unfair toward Prosecutor: But he was convicted of assault and battery
the defendant? two years ago.
Attorney: Yes. My client is only seventeen years old. Defense Lawyer: Yes, but he was punished for that.
Judge: The defense has a point. We'll release him. Prosecutor: I'm still recommending that he go to jail.
Attorney: Thank you, Your Honor. Defense Lawyer: That seems unnecessary for such a
Judge: We'll continue the proceedings after the clerk of small crime.
the court calls in another juror. Prosecutor: I just don't want him to offend again and hurt
an innocent person.
Unit9
Unit 12
Attorney 1: Hello, Fiona Barksdale speaking.
Attorney 2: Fiona, it's David. I'm calling about the pre-trial Interviewer: Good morning, Mr. Raymond. Please sit down.
hearing yesterday. How did it go? Job Candidate: Thank you.
Attorney 1: It went really well. The judge didn't suppress Interviewer: Let's get started. Do you have any
any evidence. experience with tort law?
Attorney 2: That's good. I was worried when the defense Job Candidate: Yes. At my last job I filed injunctions
attorney requested discovery. When is the trial against companies and initiated lawsuits.
scheduled for? Interviewer: Were you often able to prove liability and
Attorney 1: November. We still have some time to prepare. establish negligence?
Attorney 2: Good. I really don't want this to end in a Job Candidate: Yes, my clients were awarded monetary
mistrial. damages in about 75 percent of my cases.
Attorney 1: Me neither. In fact, I'd like to handle it myself. Interviewer: And do you have any experience with
Attorney 2: Good. I think you can win it. probate?
Job Candidate: I'm afraid I don't. Sorry.
Unit 10
Unit 13
Attorney: Your Honor, may I have permission to approach
the bench? Attorney: Mr. Mclntyre, please sit down and tell me what
Judge: You may. I can do for you.
Attorney: Your Honor, I have evidence that this witness Client: Thank you. The Health Department wants to shut
attended college with my client. my restaurant down.
Judge: But she just said that she doesn't know your client. Attorney: Why do they want to do that?
Attorney: I know. She's changing her story even though Client: The health inspector said I'm not in compliance
she's under oath. with regulations.
Judge: Are you accusing the witness of perjury? Attorney: Did the inspector say which regulations you
Attorney: Yes. She should be removed and investigated. aren't following?
Judge: That's a serious charge. You need to follow Client: Well, the problem is that I don't have a public
protocol to do that. 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.

14 Answer Key
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 B: Remember the discovery documents we asked for


1 Suggested Answers two weeks ago? We received these yesterday -
from the defendant's attorney.
1 Before a trial lawyers exchange: information about
A: Great. Did he complete the interrogation as well?
witnesses, evidence to be presented at the trial,
B: You mean the interrogatory. Yes, he did. But he
results of mental and physical examinations,
also wants you to have a physical examination.
documents relevant to the case (such as financial
A: Can't they just talk to my doctor?
records or letters) and interrogatories, a list of
B: I'm afraid not. Any information you share with your
questions to be answered about the case.
doctor is privileged.
2 The process of exchanging information before a
A: Fair enough. So, what do I need for the physical
trial is called discovery. Lawyers send the
examination?
opposing party requests for production, which are
B: Here's the address for the doctor's office. Just
demands for documents pertaining to the case,
show up there at 9 am on Wednesday 5th March.
and interrogatories, lists of question about the
A: And the witness who saw the accident? Is she
case. They may also request medical or mental
going to testify?
examinations. Lawyers may also wish to interview
B: She should. The court sent a subpoena to her
the opposing party's witnesses before the trial. In
today ('subpoena' is the legal word for a witness
this case, interviews with the witness take place
summons). If she refuses to testify, she could be
with both parties present. Depositions, written
held in contempt of court and face penalties.
transcripts of these interviews, are made for the
lawyer's use.
9 Suggested Answers
2 F 2 T 3 F What kind on information did the opposing attorney
send?
3 1 B 3 A 5 D Discovery documents. Interrogatory.
2 C 4 F 6 E What has the opposing attorney requested?
Physical examination.
4 A 2 C 3 A 4 B 5 A What happens if the witness ignores the subpoena?
Possible contempt of court. Penalties.
5 Suggested Answer Dear Mr. Sellers,
I am writing about the Peterson case; I have Here is a quick update on your case. The defendant's
received the interrogatory from the opposing attorney has sent us the discovery documents and
attorney, Mr. Truesdale, but we are still waiting for the interrogatory. They have requested that you go
the request for admissions. for a physical examination. Please call the Sunny Dale
Mr. Truesdale also requested a physical examination surgery on 389 4939 to arrange an appointment with
of Mr. Peterson and asked if you could contact Dr. Green. Lastly, the witness has been sent a
him about an out-of-court settlement. subpoena, which means she will have to testify or she
Lastly, I need to know if it is necessary to issue a will face charges of contempt of court and perjury.
subpoena because if so, I will request one from Yours,
the court. Lisa Macmillan
Paralegal.
6 ./ 2 ~ 3 ~ 4 ./ 5 ./
Unit 2
7 1 update you
2 going on 1 Suggested Answers
3 discovery documents 1 You can submit a formal statement to a court either
4 interrogatory by appearing in court and testifying orally under
5 physical examination oath, or by submitting an affidavit. An affidavit is the
6 privileged written testimony of a witness, confirmed under
oath and signed before a notary. It can be read in
8 Suggested Answer court in place of a witness giving oral testimony.
B: Good morning, Mr. Sellers. I want to update you 2 A witness can help a case by confirming facts,
on your case. presenting eyewitness testimony or giving an
A: Sure. What's happening? expert opinion on an issue.

16 Answer Key
Book 2 Answer Key

2 A 2 C 3 D written records also means a case can be easily


transferred to another lawyer if necessary. In
3 A 2 E 3 C 4 B 5 D some cases, written documents are also required
to be kept by law.
4 A 2 A 3 B 4 B 5 B
2 F 2 T 3 F
5 F 2 F 3 T
3 1 legal memorandum 4 conclusion
6 1 coming in 4 in court 2 pertinent 5 citations
2 signed 5 go to trial 3 assignment
3 leave anything out 6 on the stand
4 1 issues 4 analysis
7 Suggested Answer 2 recommendations 5 statement of facts
A: Thank you for coming in today, Ms. Brook. 3 heading
B: No problem at all. I just hope I can be of some
assistance. 5 Suggested Answer
A: I'm sure you can be. Now, I have your signed A legal memo is an essay about a legal issue. The
affidavit here. Is it complete and correct? first part of the memo is the heading, which includes
B: Yes. I know it's short, but it's everything I saw. who the memo is to and from, its date, subject and
A: That's okay. We only need the facts about what which office file it refers to. Next comes the
you witnessed. You're certain that you haven't information about your assignment, explaining why
omitted anything? you sent the memo. Following this is a statement of
B: Yes - it's all there. So, will I have to testify in court, facts, an analysis of laws pertaining to the case and
too? citations of other similar cases. To end a summary of
A: Probably not. I doubt this case will go to trial. recommendations for the case is given.
B: Oh, I see.
A: But on the off chance that it does, will you be 6 T 2 F 3 T
happy to take the stand and attest to this
information? 7 1 write a 4 legal team
B: Yes, of course. Mr. Green loves that piano. 2 familiar 5 citations
A: Your testimony will be very useful in getting it 3 read the file 6 in mind
fixed. Thanks again.
13 Suggested Answer
8 Suggested Answer B: Hi, Kelly. Would you write a legal memorandum for
What is the witness's relationship to your client? me today?
Neighbor. A: Yes, I can do it this afternoon.
What did the witness see? B: It's about the Stone case. Are you familiar with it?
Four removal men dropping Mr. Green's piano as they A: Yes, I've read the file.
lifted it up the steps to his house. The piano hit the B: Good. I would like you to summarize the legal
ground and two legs broke off. issues to send out to our legal team.
Is the witness willing to testify in court on your A: Do you want me to include an analysis as well?
client's behalf? B: Yes. And don't forget to include any citations you
Yes. find regarding similar cases.
A: Do you have any cases in mind?
Unit 3 B: Thompson versus Jones is one. Maybe Reynolds
versus Johnson too.
1 Suggested Answers A: Okay, I'll start with those. When do you want this
1 Legal memorandums are usually written by to go out?
paralegals, law students or lawyers. B: Asap. Thanks, Kelly.
2 It is important to keep written records of legal
matters so you can keep track of a case. Keeping

Answer Key 17
Book ~ Answer Key

9 Suggested Answer evidence and decide if a case will be heard in court.


What information appears in the heading Amicus briefs are filed by people not directly involved
Who memo is to and from, date, subject, file name in the case, such as advocacy groups. Lastly,
and number. appellate briefs are used in appeals cases and they
Which pertinent cases should the assistant look explain why the previous decision was wrong.
at for citations
Thompson versus Jones, Reynolds versus Johnson 6 T 2 F 3 T
When should the memo be sent out
Today 7 1 trial 4 legal briefs
2 to prepare 5 officials
Dear Kelly, 3 important 6 left to file
Please can you write me a legal memorandum on the
Stone case. Your heading should include who the 8 Suggested Answer
memorandum is to and from; the date; the subject it
A: Morning, Gerry. I see the court has given you a
is regarding; and the file name and file number.
trial date.
After you have summarized the issues of the case I
B: Yes, Dave - 7th April. We're working hard to prepare.
would like you to provide a brief analysis; in oth~r
A: You have a mountain of briefs, too, I see!
words, your opinion on the merits of the case and the
B: Yes, sorry about that! This is an important case for
chances it has of being successful. I believe that
us. The legal briefs are in the top folder; amicus
Thompson versus Jones and possibly Reynolds
briefs are in the second. There's a big one from the
versus Johnson, are cases that are relevant to ours.
American Civil Liberties Union - and Lambda Legal.
Please could you check this, and include citations for
A: Okay, I'll ensure they get to the right officials.
any other cases you feel to be pertinent.
B: Great, thanks.
This case is quite urgent now, so if you could get this
A: Have you filed the merit briefs as well?
memo out today that would be great.
B: Not yet. We have until Friday to file those, so I'm
Regards,
hoping to bring them in before Thursday.
Monica
A: See you towards the end of the week, then.
B: See you then. Thanks again.
Unit4
1 Suggested Answers 9 Suggested Answer
1 Before a trial commences lawyers submit legal What types of briefs have been filed?
briefs to a court. These briefs specify a party's Legal briefs. Amicus briefs.
legal position and give reasons why the court When is the court date for this case?
should decide in its favor. 7th April.
2 The losing party can try to appeal their case with Which advocacy groups have filed amicus briefs?
a court of appeals. American Civil Liberties Union. Lambda Legal.

2 F 2 T 3 T Unit 5
1 Suggested Answers
3 A 2 B 3 A
1 Lawyers issue motions to request that judges
4 1 briefs 4 legal position issue a ruling or order on a legal matter. Motions
2 dismissed 5 unbiased can be helpful in reducing trials to their core
3 merit brief 6 advocacy group disputes. However, they can also be a used
tactically by lawyers to get evidence for their
5 Suggested Answer case, or to discount the evidence of an opponent.
2 Motions can; ask the court to change the venue
There are 5 main types of briefs. Legal briefs state a
of the trial, ask the court to set aside a ruling or
party's legal position and are given to the court
jury decision because of an error or exclusion, ask
before a trial begins. Trial briefs are used by attorneys
the court to give a witness or party protection, ask
to help them argue their case after a trial starts. Merit
the court to make an immediate judgment without
briefs are impartial descriptions of a case based on

18 Answer Key
Book ~ Answer Key

a trial, ask the court to demand a specific action Unit 6


from any party involved in the case, ask the court 1 Suggested Answers
to dismiss an issue as irrelevant to the case, or
ask the court to remove all or part of one party's 1 Accidents that often lead to court settlements
evidence or witnesses testimony. include, accidents at work, such as slips, trips and
falling accidents, car accidents, dog attacks,
2 1 motion 3 motion to dismiss industrial disease, medical negligence and holiday
2 proceedings accidents.
4 ruling
2 After suffering an injury a person might hire a
3 B 2 A 3 A lawyer to sue the guilty party for damages. These
damages compensate for any mental, physical or
4 B 2 C 3 A monetary harm the plaintiff suffered as a result of
the injury.
5 C 2 B
2 D 2 B 3 C
6 1 ruling on 4 grounds
3 1 E 3 A 5 F
2 motion 5 courthouse
2 D 4 C 6 B
3 to strike the

7 Suggested Answer 4 1 intent I injured party


2 civil litigation I defamation
B: Can you help me to prepare a motion this morning? 3 tort action I harm to property
A: Yes, is it for the Simpson trial?
B: Yes. 5 B 2 D
A: We're still waiting for a ruling on our motion for
change of venue in that case. 6 1 appointment 4 want to sue
B: I expect the judge will issue that ruling today. 2 your case 5 specialize in
A: What type of motion are we working on today? 3 trespassed 6 Tuesday
B: A motion to strike the testimony of their witness.
A: How come? 7 Suggested Answer
B: She is over eighty years old and has very poor
eyesight. There is no way she could have seen A: Good morning: Jetson and Lee.
what she says she saw. B: Good morning. I'd like to make an appointment to
A: I see. I'll draft the motion now and it should be talk to a lawyer about a tort action.
with you in about an hour. A: Okay. Can you tell me about your case?
B: Many thanks. Could you bring it to the courthouse B: A group of local teenagers have damaged my car.
when it's done. A: I see, and was it deliberate?
A: No worries. B: Absolutely, I told them off for making too much
noise and then they smashed the windows of my
car.
8 Suggested Answer
A: I'm sorry to hear that. So obviously you would like
What kind of motion needs to be prepared? to sue for damages.
Motion to strike testimony of a witness. B: Yes, for harm to property.
What are you waiting for the judge to issue a A: Well, you've come to the right place. These are
ruling about? exactly the kinds of cases that we specialize in.
Change of venue. B: I gathered that from your website.
When will the new motion be brought to the A: Okay, then, can you come in to meet Mr. Ponting
courthouse? on Monday at 10?
In about an hour.
B: That's perfect. I look forward to meeting him then.

Answer Key 19
Answer Key

8 Suggested Answer 6 F 2 T 3 F
What kind of legal action does he or she want to
talk about? 7 1 witness reports 4 not met
Intentional tort 2 opposing party 5 proximate
What/who caused the harm or injury? 3 liability 6 strong case
A group of local teenagers.
What types of damages does he or she want to 8 Suggested Answer
be reimbursed for? A: Good morning, Kay.
Broken car windows. B: Good morning, Mr. Byron. Did you get my memo
about the Wilder case?
Notes: A Mrs. Smith called to discuss a potential tort
A: I did, thank you. Do you have the witness reports?
action. A group of teenagers have damaged her car
And the compensation figures?
and she believes the act to be deliberate. She wants
B: Right here.
to sue for harm to property. I have made an
A: Good. Will you copy them for the other side and
appointment with Mr. Ponting for Monday at 10:00am.
then bring me the file?
B: Sure. I think we have proved liability, don't you.
Unit 7 A: I do. It all rests on whether the judge agrees duty
Suggested Answers of care was breached.
B: The proximate cause of her fall was definitely the
1 All kinds of injuries can result from negligence,
uneven paving stones on the sidewalk.
including broken bones, fractures and sprains, back
A: I agree. Have you checked in on Mrs. Wilder? Is
and neck injuries, burns, cuts and repetitive strain
she walking again yet?
injuries. These can be caused by poor equipment,
B: Yes, she came off crutches yesterday, and
faulty machinery or unsafe working conditions.
spoke to her on the telephone this morning.
2 As a result of injury, people may lose income from
A: Good for her.
lost hours of work. They may suffer a great deal
of pain and stress. Medical care can be very
9 Suggested Answer
expensive and people may end up in debt as a
result of their injuries. People sue for compensation How was the client injured?
to help them deal with these problems. Tripped due to uneven paving stones on the sidewalk.
What do the witness reports say?
2 T 2 F 3 T Witnesses saw Mrs. Wilder fall after she tripped on
uneven paving stones on the sidewalk.
3 1 harm 4 prudence Who is at fault for the accidents?
2 compensation 5 actual cause Local council. They failed to repair, or mark the
3 duty of care 6 breach of duty uneven sidewalk.
To: Mr. Byron
4 A 2 A 3 B 4 A From: Kay Fields
Date: May 30
5 Suggested Answer RE: Wilder Case: Negligent tort
The memo is about a negligent tort case. A woman,
Dear Mr. Byron,
Ms. Willus, slipped and fell because of the uneven
I have received the witness reports for the Wilder
ground in a shopping centre. Ms. Willus wants
case. The evidence proves the other party's liability.
compensation for mental and physical injury and the
I am certain that they did not maintain a "reasonable
time she was off work. In this case the duty of care
person" standard and have breached their duty of
falls to the shopping center's owners, who didn't take
care. The proximate cause of her fall was definitely
enough ~are to avoid risk or injury. The attorney
the uneven sidewalk.
dealing with the case has just received witness reports
I have spoken to Mrs. Wilder and she came off
that clearly prove the other party is liable because
crutches yesterday.
they did not meet a "reasonable person" standard.
Best
Kay Fields.

20 Answer Key
Answer Key

UnitS B: I will draft a letter, coming from our law firm ,


1 Suggested Answers including a settlement request.
A: Okay; and what if she ignores this letter, too?
1 Neighbors seek legal solutions for disputes if they
B: Then we take your neighbor to court.
cannot resolve a problem themselves. This may
be because one party refuses to communicate or
9 Suggested Answer
cooperate with another. Because legal rulings are
enforceable, taking legal action against a neighbor What is creating the nuisance?
also forces them to change their problematic Neighbor's dog and the neighbor's refusal to
behavior. communicate.
2 Excessive noise, gangs in the streets, aggressive How does it interfere with the neighbor's lives?
pets, litter, abandoned vehicles and traffic are all Excessive noise. Can 't sleep at night.
considered a nuisance in residential neighborhoods. What will happen if the recipient does not respond
to the letter?
2 1 nuisance 3 interferes The issue will be settled in court.
2 property 4 allegation
Unit 9
3 B 2 A 3 A 4 A
1 Suggested Answers
4 C 2 A 3 B 4 B 1 Poor quality, old or faulty equipment and ill-
maintained buildings or work sites may make a
5 Suggested Answer situation unsafe. Inadequate safety information or
lack of protective clothing can also be dangerous.
Ms. Gomes has a problem with her neighbor Ms.
2 A wildlife park keeps their animals enclosed in
Brown. Ms. Brown's dogs cause a lot of noise and
strong cages. The animals are well looked-after,
wake Ms. Gomes and her other neighbors up early in
and the staff are well-trained. However, one day
the morning. They have spoken about the problem
a herd of deer escape and cause damage to
before but nothing has changed. Ms. Brown refuses
local property. Even though they did everything
to meet with a mediator so Ms. Gomes may have to
they could to prevent such an escape, the wildlife
take legal action.
park is still legally responsible for the damage.
6 F 2 T 3 T
2 F 2 T 3 F
7 1 demand 4 is the problem
3 1 Hazardous 3 demonstration of fault
2 small claims court 5 alternative
2 culpability
3 respond
4 1 good faith / damage
8 Suggested Answer
2 legal responsibility / absolute liability
B: What's the problem? 3 precaution / strict liability
A: I have a neighbor whose dog barks all day and night.
It's very difficult to sleep at night because of this. 5 Suggested Answer
B: Ah, excessive noise.
Liability is being legally accountable for something
A: Yes, it's such a nuisance. What can I do?
but being liable does not mean that you have
B: Well, before you think about taking her to court,
intentionally done something wrong. Sometimes, even
you should send her a demand letter.
though you may have taken all the necessary
A: I've already sent her a letter asking her to meet
precautions an accident happens that damages
me. I really don't want to have to get the police
someone or something. In these cases, whoever was
involved. And I would rather avoid the small claims
responsible for what caused the damage is at fault.
court.
When culpability can be proved, even if damage was
B: Okay, one step at a time. So: you say she didn't
unintentional, the case comes into the category of
agree to meet you?
absolute liability.
A: No, she didn't even reply.

Answer Key 21
Book 2 Answer Key

6 .! 2 X 3 .! 4 .! 5 X Unit 10
1 Suggested Answers
7 1 in an accident 4 strict liability
1 Manufacturers are responsible for a defective
2 every precaution 5 discuss with
product, unless it has been damaged in transit, in
3 broke her leg
which case, suppliers or distributors may be at fault.
2 A consumer might contact a lawyer if they had
8 Suggested Answer
been injured by a dangerous or defective product.
B: You have some questions for our legal team, Mr. They might also contact a lawyer if a product had
Sellers. been marketed incorrectly and its use had
A: Yes. Questions about my company's liability in an resulted in damage to person or property.
accident.
B: Okay, do tell me. I will note them down and a 2 D 2 B 3 C
lawyer will get back to you.
A: Super. 3 1 defective
B: So, what happened? 2 retailers
A: There was an accident at our work site. I can't 3 consumer protection laws
see how it happened. I honestly believed we had 4 dangerous
taken every precaution. No one could call our 5 safety
work site unsafe. 6 class action suit
B: What was the accident? Was someone hurt?
A: Yes, a woman cut her arm badly on one of our 4 A 2 B 3 C
industrial machines.
B: I see. Sounds like you could have to prepare 5 Suggested Answer
yourself for a claim of strict liability.
Manufacturers, suppliers and distributors are all
A: Oh. So, what is my legal responsibility?
responsible for product safety.
B: I'm afraid I can't answer that. You'll need to
The consumer must prove the product was defective,
discuss it with one of our qualified practitioners.
or that the product was marketed incorrectly for the
He or she will get back to you very soon.
defendant to be liable.
A: Okay, then, I'll wait to hear back.
However if a product is dangerous then strict liability
applies.
9 Suggested Answer
These laws apply in most states in America.
Did the client take precautions to prevent an
accident? 6 T 2 F 3 F
Believes he did.
What happened to the person who had the 7 1 coming in 4 laptop
accident? 2 computer stand 5 incident
Woman cut her arm badly on an industrial machine. 3 up to 6 falls under
What information does the client want the lawyers
to provide? 8 Suggested Answer
Details of potential legal responsibility. Specifically, in
A: Thank you for coming in today. I understand you
what way might client have strict liability for the
were hurt by a manufactured product.
accident.
B: Yes, a defective dining room chair.
Dear Mr. Gomez, A: How was it defective?
I just had a call from a Mr. Sellers about his company's B: After it had been delivered I sat down on it and it
liability for an accident. He believes his company had collapsed under me. It was already assembled and
taken all the necessary precautions to keep their I was assured that it was safe.
work site safe and prevent an accident. However, a A: I'm sorry to hear that. How were you injured?
woman has been injured using an industrial machine. B: I have a wrist and a back injury.
Mr. Sellers needs advice about his legal position in A: Okay. There's little doubt that this potential claim
terms of strict liability. falls under product liability laws. Did you contact
Speak to you later, the manufacturer?
Andrew

22 Answer Key
Book 2 Answer Key

B: Yes, but they haven't responded. of employment and bilateral and unilateral contracts.
A: That doesn't look good. Additionally, the successful candidate will look out for
B: I know; that's why I called you. adhesion contracts and breaches of contract and
defend the company's clients if they have been
9 Suggested Answer wronged. Finally, they will help clients with business
What product are you writing about? loan agreements.
Defective dining room chair.
How has it injured your body or damaged your 6 T 2 F 3 F
property?
Wrist and back injury. 7 1 regarding 4 requirements contract
Who else have you contacted? 2 drawn up 5 let her know
Manufacturer/lawyer. 3 beforehand 6 free time
Dear Sir/Madam, 8 Suggested Answer
I am writing to complain about a defective product. I
B: Hi, Annette. Can I make an appointment to speak
purchased four dining rooms chairs from your website
with your new attorney?
last week. When they were delivered, I sat down on
A: Of course. What is this regarding?
one and it collapsed beneath me. As a result I have
B: I need to have some contracts drawn up.
a wrist and back injury. I have contacted a lawyer
A: Okay. Are there any details I should give her
about the issue and will be pursuing legal action
beforehand?
unless I hear from you soon.
B: One is a requirements contracts for one of our
Yours,
partners. Until now, we've been operating under
Ben Wilkes.
an implied contract and I'm afraid it won't cover
us any longer.
Unit 11 A: I'll let her know.
1 Suggested Answers B: The second concerns another partner who may
be in breach of contract.
1 Contracts usually contain: the names of the
A: Okay, I'll pass that on too.
parties involved, those parties' obligations and
B: Does she have any free time this week?
responsibilities to each other, how they should
A: Possibly Thursday, early evening. Can I get back
perform these duties, payment terms, liabilities,
to you on that?
procedure in the case of breach of contract, the
B: Certainly. Look forward to hearing from you. Thank
dates the contract is valid from and to and the
you.
date it was signed and became legally binding
A: Our pleasure.
2 An attorney will be able to help you draft a fair,
legally binding contract using the correct legal
9 Suggested Answer
language. Getting an attorney to draft a contract
for you can also protect you from costly legal What kind of contract does he/she need help with?
~
action later on. Requirements contract needs drafting for one of their
partners (implied contract up until now). Also, potential
2 T 2 F 3 F breach of contract for another partner.
When would she like to meet with the attorney?
3 1 B 3 E 5 F Said you might be free Thursday, early evening.
2 D 4 A 6 C Hello Tim,
Just had a call from one of our clients, Mr. Webb of
4 1 A 3 C 5 A Alliance Supplies. He needs help to draft a
2 B 4 B 6 A requirements contract. He also has some questions
about a potential breach of contract by one of his
5 Suggested Answer partners.
The successful applicant will mainly deal with writing, He'd like to meet this week, I suggested Thursday,
maintaining and updating legal contracts for early evening. What do you think?
manufacturers. They will draft requirements contracts, Thanks,
distribution agreements, agreements of sale and Annette.
severable contracts. They will also deal with contracts

Answer Key 23
Book 2 Answer Key

Unit 12 What is the object (or purpose) of the contract?


1 Suggested Answers To create legally binding contractual terms with a
partner company. .
There are two parts to a contract that make it
What does the client want the attorney to determine
legally valid. The first is the agreement, or the
about the contract?
terms and conditions of the contract, which both
If the terms are binding and enforceable.
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 Unit 13
must receive something of value. Consideration is Suggested Answers
usually one party giving a product or service, and
1 When a person or company does not honor a
the second party giving some form of monetary
contract they become liable for the monetary
compensation.
damages that result from their breach of contract.
2 Businesses need to rely on contracts because not
If they refuse to deliver the services or payment
everyone is reliable. Contracts set out the terms
designated in the contract, they can be taken to
of a partnership clearly to avoid misunderstanding.
court for breach of contract and sued for damages.
They also allow businesses to take legal action if
2 In the best case scenario, contract problems are
the contract is unfairly breached.
resolved by the two parties discussing the
problem and coming to an agreement. However,
2 B 2 C 3 D
if this is not possible, many people will try
mediation or arbitration to resolve the dispute. The
3 1 offer 4 binding
last resort will be to take the issue to court.
2 valid 5 assent
3 appointment 6 review
2 F 2 T 3 T
4 1 exchange 4 terms
3 A 2 B 3 A
2 object 5 consideration
3 acceptance
4 B 2 C 3 A
5 B 2 C
5 B 2 C
6 1 contractual dispute 4 valid
6 1 handling 3 defend 5 reached
2 appointment 5 enforceable
2 My firm 4 the whole thing
3 binding 6 come in
7 Suggested Answer
7 Suggested Answer
A: Are you handling the case for the new Museum?
A: Hello, Mr. Hicks. How are you doing?
B: That's right. My firm is working with them.
B: Hi, Laurie. I'm fine, although I'm having a contractual
A: Can you tell me if there has there been a breach
dispute with a partner company.
of contract?
A: Would you like to make an appointment with Mr
B: I can't discuss the details. But we do defend our
Booth?
client's decision.
B: Yes, please. I need to make sure the terms of our
A: They've accused the other side of fraud , right?
contract are binding.
B: Yes. They have announced that publicly. They are
A: Do you have a valid contract?
very upset about the whole thing.
B: I think so. But I don't know whether it's enforceable.
A: You mean the film was not what they expected?
A: Don't worry. Our contracts team will go over it with
B: No. The filmmaker has misled them from the start.
you.
A: I understand. How soon will a resolution be reached?
B: Very soon, we hope.
8 Suggested Answer
A: Are you going to trial?
What is the problem with the contract? B: We hope not. We're hoping to settle the matter
Not sure if it is enforceable. through arbitration.

24 Answer Key
2 Answer Key

8 Suggested Answer A: Sounds interesting. Will conflict of interest be


What do the parties accuse each other of? discussed too?
A filmmaker has accused the museum of breach of B: Sure will. The professor wrote a paper on it last
contract. The museum has accused the filmmaker of year.
fraud. A: Oh yes. I saw it in The Law Journal.
What is the dispute over? B: He's also written about how to advocate for your
The museum had an agreement to show a clients.
documentary film. It now refuses to show the film,
claiming it was not what they had expected. 8 Suggested Answer
How will they resolve the case? What were the important points on the agenda?
Hopefully by arbitration. Professional conduct. Client care. Client confidentiality.
Conflict of interest.
Jen's Legal Blog: A breach of contract?
What has the professor written about?
An interesting case is underway at the moment. It
Conflict of interest. Advocating for your clients.
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 Unit 15
filmmaker of fraud. He has accused them of breach Suggested Answers
of contract. They are hoping to settle the issue
1 Doctors, nurses, and other medical professionals,
through arbitration. But will the filmmaker accept
psychologists, teachers, social workers and legal
money or push for his art to be shown?
professionals.
2 Some information is kept confidential because it is
Unit 14 personal and sensitive. If it was public knowledge,
1 Suggested Answers it could lead to discrimination, embarrassment, or
damage to professional reputation. If personal
1 lawyers/attorneys, paralegals, judges, arbitrators.
information is released it can also lead to practical
2 Conflict of interest, reasonable fees, impartiality,
problems with getting loan~, insurance coverage or
confidentiality, diligence, misconduct, trust,
employment.
fraudulence.
2 1 confidential 3 waive
2 B 2 C 3 D
2 effective representation 4 information
3 1 F 3 A 5 B
2 D 4 E 6 C
3 A 2 B 3 B

4 B 2 C 3 A
4 1 professional conduct / fraudulent acts
2 impartiality / diligence
5 F 2 T 3 F
3 reasonable fees / transactions
6 1 phone calls 4 consent
5 C 2 D
2 former 5 confidential
3 waive 6 make a deal
6 1 course 4 wrote a paper
2 room 304 5 advocate
7 Suggested Answer
3 agenda
A: Were there any phone calls this morning?
7 Suggested Answer B: Yes, there was one from Mike Davis.
A: Our former client? What was he calling about?
B: Which course are you interested in, ma'am?
B: The prosecutor wants him to waive his attorney-
A: The Professional Conduct course.
client privilege.
B: That course is in room 304 at 10 am.
A: Is he going to consent to that?
A: Can you tell me what's on the agenda?
B: I don't know. He wants to speak with you about it.
B: Hold on, I have the agenda here. Yes, it's about
A: I'll call him today. Our communication should
the standard of behavior and client care that is
remain confidential.
required of lawyers. It also deals with client
confidentiality. B: 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 Attorney: Hi, Sue. Would you write a legal memorandum for
you on your case. me today, please?
Client: Okay. What's going on? Paralegal: Yes. I can work on that this afternoon.
Attorney: The defendant's lawyer sent us the discovery Attorney: It's about the Singh case. Are you familiar with it?
documents we asked for. Paralegal: Yes. I've read the file.
Client: Okay. What about the interrogation? Attorney: Good. Please summarize the issues to send
Attorney: You mean the interrogatory? out to our legal team.
Client: That's it. Paralegal: Sure. Would you like me to include an analysis
Attorney: We have it, along with a request for a physical as well?
examination. Attorney: Yes. And any citations you can find from similar
Client: Can't they just talk to my doctor? cases.
Attorney: No. Any information you shared with your Paralegal: Do you have any cases in mind?
doctor is privileged. Attorney: Smith versus Carson, for one. Maybe Palmer
Client: So, what do I need for the physical examination? versus Lee.
Attorney: Just show up at the doctor's office on June Paralegal: I'll start there. When do you want it sent out?
3rd, at 9:30 in the morning. Here's the address. Attorney: As soon as possible. Thanks, Sue
Client: And the witness who saw the accident? Is she Paralegal: You're welcome. I'll get right to work on this.
going to testify?
Attorney: The court sent over a subpoena today. She Unit4
has to testify, unless she wants to get into trouble
with the law. 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
Unit 2
prepare.
Attorney: Thank you for coming in today, Ms. Jackson. Official: This is quite a big stack of briefs.
Witness: It's no problem. I just hope I can help. Paralegal: There are quite a few. This is an important
Attorney: Great! Now, I have your signed affidavit here. case for us.
Is this complete and correct? Official: I can tell.
Witness: Yes. I thought I only had to describe what Paralegal: There are legal briefs in the top folder. Amicus
happened briefly. briefs are in the second folder.
Attorney: That's right. We only need the facts about what Official: Okay. I'll make sure that they get to the right
you witnessed. I just wanted to make sure that you officials.
didn't leave anything out. Paralegal: Perfect.
Witness: Nope, that's it. So, will I have to testify in court Official: Have you filed merit briefs as well?
about what I saw? Paralegal: We have a few days left to file them. I'm
Attorney: With any luck, no. Hopefully, we won't have to planning to bring those in on Friday.
go to trial with this case. Official: I'll see you on Friday, then.
Witness: Oh, I see. Paralegal: See you then. Thank you.
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!

Answer Key 27
Audioscripts

Unit 5 Unit 7
Lawyer: Can you help me to prepare a motion this Lawyer: Good morning, Janet.
morning? Paralegal: Hi, Mr. Jones. Did you get my memo about the
Assistant: Yes. Is it for the Smith trial? Willus case?
Lawyer: Yes. Lawyer: I did. Do you have the witness reports? And the
Assistant: We're still waiting for a ruling on our motion figures for compensation?
for change of venue in that case. Paralegal: Right here.
Lawyer: I hope the judge will issue that ruling today. Lawyer: Good. Will you make copies for the opposing
Assistant: What type of motion are we working on today? party and then bring me the file?
Lawyer: A motion to strike the testimony of their expert Paralegal: I'll do it right now. I think we've proved liability,
witness. don't you?
Assistant: On what grounds? Lawyer: I do. Let's hope the judge agrees that the duty
Lawyer: She has no credentials to prove that she is an of care was not met in this situation.
expert. Paralegal: The proximate cause of her fall was definitely
Assistant: I see. I'll draft the motion and bring it to you that uneven floor.
in about an hour. Lawyer: I agree. It's a strong case. Have you checked in
Lawyer: That's perfect. And can you bring it to the on Ms. Willus?
courthouse before lunch? Paralegal: Yes, I spoke to her yesterday. She's walking
Assistant: Sure. without crutches now.
Lawyer: Good for her. Is she back to work?
Unit 6 Paralegal: Not yet.

Assistant: Thank you for contacting Jetson and Lee.


Unit 8
How can I help you today?
Client: I'd like to make an appointment to speak with a Lawyer: Before taking your neighbor to court, you should
lawyer about a tort action. send her a demand letter.
Assistant: Okay. Can you tell me about the case? Client: I've already sent a letter asking her to meet with
Client: Yes. A neighbor trespassed on my property and me. That way, we can avoid the small claims court.
broke a valuable statue and a window. Lawyer: She wouldn't agree to that?
Assistant: I see. Was it deliberate? Client: She wouldn't even respond .
Client: Yes, it was. Lawyer: I see. And excessive noise from her dogs is the
Assistant: Okay. And you want to sue for damages? problem?
Client: Yes. For trespass to land and harm to property. Client: Yes. Her dogs create a real nuisance.
Assistant: Sounds like the type of case we specialize in. Lawyer: Okay. Let's draft a letter from you, including a
Client: I thought so from your ad. settlement request.
Assistant: Can you meet with Ms. Lee on Tuesday at 4 Client: And if she doesn't respond?
o'clock? Lawyer: Then we may have no alternative besides legal
Client: Yes. That sounds good. See you then. 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.

28 Answer Key
Audioscripts

Unit 9 Unit 11
Assistant: You had some questions for our legal team, Client: Hi, Peter. I'd like to set up an appointment to
Mr. Jackson? speak with your new attorney.
Client: Yes. Questions about my company's liability in an Assistant: Sure. What is this regarding?
accident. Client: I need to have some legal contracts drawn up.
Assistant: Okay. I'll write down your questions and have Assistant: Okay. Are there any details that I should give
a lawyer get back to you. her beforehand?
Client: Great. Client: We need a requirements contract for one of our
Assistant: So, what happened? partners. We've been working with an implied contract.
Client: I thought we'd taken every precaution. No one could Assistant: I'll let her know.
call our work site unsafe, but there was an accident. Client: And I'm afraid that one of our other partners may
Assistant: Was someone hurt? be in breach of contract.
Client: Yes. A woman broke her leg. Assistant: That's too bad. I'll tell her that, too.
Assistant: I see. Sounds like you may be responsible, in Client: Does she have any free time this week?
terms of strict liability. Assistant: Maybe on Thursday afternoon. Can I confirm
Client: So what is my legal responsibility? that and get back to you?
Assistant: I don't know. That's what you'll need to discuss Client: Yes, thank you.
with a lawyer. Assistant: You're welcome.
Client: Okay. I'll wait to hear back.
Unit 12
Unit 10
Assistant: Hello, Mr. Peterson. How are you today?
Lawyer: Thanks for coming in today. I understand you Client: Hi, Mary. I'm all right. I'm afraid I'm having a
received an injury from a manufactured product? contractual dispute with a partner company.
Consumer: Yes, a defective computer stand, to be exact. Assistant: Sounds like bad news. Do you want to make
Lawyer: How is it defective? an appointment with Mr. Horowitz?
Consumer: The stand can't hold the weight of a laptop. Client: Yes. I need to make sure that the terms of our
The instruction manual said that it would hold up to contract are binding.
50 pounds. Assistant: You have a valid contract?
Lawyer: I see. How were you injured? Client: Yes, but I don't know whether it's enforceable.
Consumer: The stand collapsed and the laptop fell onto Assistant: I see. Our office will go over it with you.
my foot. Client: The sooner the better.
Lawyer: I'm sorry to hear that. Was the computer Assistant: Would you like to come in on Wednesday?
damaged as a result of this incident? Client: Wednesday would be perfect.
Consumer: Yes, the screen is broken. Assistant: How's 10 in the morning?
Lawyer: Sounds like this case falls under the product Client: Good. I'll see you then.
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.

Answer Key 29
Audioscripts

Unit 13 Unit 15
Blogger: Are you handling the case for the National Lawyer: Were there any phone calls this morning?
Museum? Legal Assistant: Yes, there was one from Miles Sanchez.
Lawyer: Yes. My firm is working with them. It's an Lawyer: Our former client? What was he calling about?
important case. Legal Assistant: The prosecutor wants him to waive his
Blogger: Can you discuss whether there has been a attorney-client privilege.
breach of contract? Lawyer: Is he going to consent to that?
Lawyer: I can't talk about the details, but we do defend Legal Assistant: I don't know. He wants to speak with
our clients' decision. you about it.
Blogger: They've accused the other party of fraud , isn't Lawyer: I'll call him today. Our communication should
that right? remain confidential.
Lawyer: Yes. They have said that publicly. They are very Legal Assistant: Why would he give up that right?
upset about the whole thing. Lawyer: To make a deal with the prosecution, I'd imagine.
Blogger: The film was not what they expected? Legal Assistant: And you would have to reveal
Lawyer: No. The filmmaker misled them from the start. information from your conversations?
Blogger: I see. How soon will a resolution be reached? Lawyer: Yes. Everything in our records.
Lawyer: Very soon, we hope. Legal Assistant: I know that you wouldn't like to do that.
Blogger: Are you going to trial? I hope he changes his mind.
Lawyer: We hope to settle the problem through arbitration.

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 Answer Key

Unit 1 A: I tried to work on it yesterday, but there was just


1 Suggested Answers too much going on.
B: Do you want me to delegate some of it to the
1 Time management is an important skill because
secretaries?
it allows you to use your time effectively, meet
A: Good idea. That's partly what they're here for.
deadlines and be punctual. Good time management
B: But do you trust that they will get it done correctly?
helps you to prioritize tasks, manage your workload
A: I'm sure they're all able to handle filing papers and
and ultimately, enjoy more free time, because you
making phone calls.
don't have unfinished projects to complete at
B: You're right. Maybe I'll ask Julie if she can help me
home.
out today with some of the paperwork.
2 People can make to-do lists and then prioritize
A: I'm sure she'd be happy to give you a hand.
important tasks. Keeping a personal planner is
also an effective way of keeping track of
9 Suggested Answer
upcoming appointments and deadlines. These
days, cell phones and computers have built in Memorandum
calendars and planners which can be an effective To: John Jeremy
tool in personal organization too. From: Dorothy Hunt
Date: 14th February 2011
2 T 2 F 3 F RE: Tasks for today
3 1 B 3 G 5 E John,
2 A 4 C 6 D I have many tasks to complete today and would
greatly appreciate your help. I need to file the entry
4 1 progress 4 urgent 7 realistic of appearance for David Green. I also have lots of
2 workload 5 crucial 8 deadline pressing work for the Smith case. (Perhaps you
3 to-do list 6 task could delegate some of this to the secretaries. I
attach to this memo a bundle of papers that need
5 Suggested Answer to be filed and a list of phone calls that need to be
made. I am sure Julie would be happy to assist.)
To be a successful lawyer good time management is
Please, first, can you deal with David Green. This is
crucial.
most urgent because the deadline for filing is close.
You should make a daily plan of what you need to
Regards,
do and which tasks are the most urgent.
Dorothy
Try not to procrastinate and leave unpleasant tasks
until the last minute.
Unit 2
6 C 2 B 1 Suggested Answers
1 People record their appointments and deadlines
7 1 accomplish 3 deadline 5 case
in personal planners, on wall calendars and on
2 crucial 4 to-do list 6 delegate
computer calendar programs.
2 It allows all the firm's employees to see what
8 Suggested Answer
important cases and deadlines are coming up. It
A: Let's talk about the jobs that need doing today? also means employees can easily find out what
B: Sure. other employees are working on, where they are
A: First, we need to file the entry of appearance for and when they have free time.
David Green.
B: I can do that easily enough. 2 1 wall calendar
A: Please don't forget. The deadline is today. 2 to track the movements and appointments of
B: I'm putting it at the top of my to-do list. employees
A: And I have got to do some work for the Smith 3 tickler file
case. I've been procrastinating for days. 4 software program
B: That's not good

Answer Key 31
Answer Key

3 1 master calendar, pocket planner A: Indeed! That would be a relief!


2 reminded/updated B: Ok, I'll look into it.
3 software, tickler file 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
5 Suggested Answer
system.
You can maintain good calendar management by At the moment, we have a master calendar, individual
keeping a master calendar at your law firm . This planners, wall calendars and a tickler file. The trouble
master calendar keeps track of the appointments of with this old-fashioned system is that the information
all of the firm's employees. You also need a system has to be entered several times: it makes it very slow.
in place to make sure this is updated regularly. These With calendar software, there are several advantages.
days computer software programs can help with this. It is quick (this is because you only have to enter the
Another important component of calendar management information once), you get automatic reminders for
is maintaining a tickler file to remind staff of their deadlines, and there is no need for multiple files.
upcoming deadlines. Last but not least, all employees There are some amazing computer -based systems
must have their own individual planners to copy all out there today and I believe our office could really
these important appointments and deadlines into. benefit from one of them.
Please let me know what you think.
6 F 2 T 3 F Regards,
George
7 1 master calendar 4 software
2 planner 5 computer-based calendars
Unit 3
3 tickler file 6 conflicts
Suggested Answers
8 Suggested Answer 1 Important documents people keep for a long time
A: Ella, do you have a minute? include; birth and marriage certificates, driving
B: Sure. licenses, degree certificates and other qualifications,
A: I'm updating the master calendar. Do you have financial and medical records.
any appointments that I need to add? 2 These documents are important when you apply
B: Oh, yes. Several, I'm sure. Check out my planner. for jobs, loans, visas or study. Financial documents
A: Ok. I've just added some information to the wall may be important for calculating taxes.
calendar from the tickler file. I think some of those
deadlines apply to you, so you might want to check. 2 B 2 C 3 C
B: Ok, I'll have a look later.
A: By the way, we really ought to get a better 3 1 A 3 A 5 A
calendar system than this. Do you know they have 2 B 4 B 6 A
amazing software nowadays?
B: So I hear. But I'm not sure I would be comfortable 4 1 penalty 3 failure 5 hard copy
with computer-based calendars. Call me old- 2 comply 4 subject 6 period
fashioned!
A: But they're so useful! It's easy to track people's 5 T 2 T 3 F
schedules, plan meetings and avoid conflicts -
and you only have to enter the information once! 6 1 contract 4 cataloged
B: Once, huh? 2 document retention 5 destroyed
A: Yes. Some programs will even automatically remind policy 6 period
you about upcoming deadlines. 3 retain 7 in perpetuity
B: Ah , so you won't need to keep the tickler file
anymore!

32 Answer Key
Answer Key

7 Suggested Answer to their client. Lawyers choose this method of


A: I've signed my contract and the other forms. payment if they are fairly sure the case will be
B: Good. Can you also sign this document retention successful.
policy, please? 2 Lawyer's fees are expensive because a lawyer's
A: What is it? education is expensive. Lawyers may have several
B: It's a form that explains how long we have to years of university debt to pay back. Likewise,
retain all of our records. setting up a legal firm is an expensive business
A: Oh. I wasn't aware such documents existed. and usually requires lawyers to take out loans.
B: Really? They're extremely important, especially in a
law firm. Everything has to be kept and cataloged. 2 1 retainer 3 flat rate fee
We can't destroy anything until a specific amount 2 reduced 4 senior partner
of time is up.
A: And how long do you normally keep documents? 3 1 E 3 G 5 C 7 F
B: Most documents are kept for 6 years, but some, 2 A 4 D 6 B
like meetings minutes, are kept in perpetuity.
A: Wow! Well, it's a good job you can store things on 4 1 options 5 prominence
a computer nowadays, isn't it? 2 refunded 6 billing procedures
B: Actually, we have to keep most documents as 3 considerably 7 expertise
hard copies. And If we fail to comply we can incur 4 up front 8 payment
fines, penalties and even trouble with the law.
A: I see. I'll sign it right now, then! 5 B 2 A

8 Suggested Answer 6 1 billing procedures 5 retainer


2 hourly rate 6 refunded
To: All staff
From: Chris Morris
3 considerably 7 recovery
4 expertise
Date: 5th February 2011
RE: Document retention
7 Suggested Answer
To All, A: Hello, it's Sarah Silverstone here. I've just received
I thought I should remind all staff members how a letter regarding your billing rates.
important it is to keep documents. B: Oh yes, of course.
The consequences of not retaining documents A: Could you tell me the hourly rate of Mr. Jackson,
correctly can include fines, penalties and even please?
trouble with the law. B: Antony Jackson? He's a senior partner. His fee is
You should retain most documents for six years; considerably higher than the one we quoted you
other documents may have to be kept forever. in the letter.
You all have the option of storing documents A: I know. However, I really think his expertise is
electronically, but bear in mind that you need to make necessary for this case.
a hard copy of many of these too. Come and see me B: Okay. Let me see. His hourly rate is $650 an hour.
if you have any doubts as to which category your And his retainer fee is $1,000. Of course, if the
documents fall into. retainer fee is not used up in the duration of the
Best regards, case, it's returned to you afterwards.
Chris Morris A: I see. And would I keep the recovery with that
option?
Unit4 B: Yes, you would.
A: Is there an option with a contingency fee?
1 Suggested Answers
B: I need to speak to Mr. Jackson about that.
1 Some lawyers are not paid unless they win their A: Would you do that for me?
cases because they do not charge an hourly rate B: Of course. I'll speak to him today and call you
but take a percentage of any damages awarded back later.

Answer Key 33
ook Answer Key

8 Suggested Answer 6 X 2 ./ 3 ./ 4 X 5 ./
Dear Miss Silverstone,
I write to inform you of the charge-out rates of Mr. 7 1 missing 4 details
Jackson, our senior partner. 2 in her office 5 pile of papers
His hourly rate is $650/hour, while his retainer fee is 3 warrant 6 pre-trial motions
$1,000. If the retainer fee is not expended during the
course of the case, any remaining balance will be 8 Suggested Answer
refunded to you. A: Hi Dominic, you look worried, is everything alright?
You also have the option of a contingency fee. This B: Helen's left me the file on the Ingam case, but I'm
is where we offer you a reduced hourly rate but we afraid several key documents are missing.
take a percentage of any money awarded to you on A: That's not good. I'm sure they're in her office
recovery. somewhere.
Do give me a call if you have any further questions. B: Can you help me look for them?
Yours sincerely, A: Of course. What are we looking for?
Sam Underhill B: Well, I've got the details of the warrant, but I don't
have anything on the withholding of the bail.
Unit 5 A: That's this one, isn't it?
B: Looks like it. Great. Next I need details of the
1 Suggested Answers arraignment.
1 People can be arrested for breaking and entering, A: That's right here, on her desk.
theft, trespassing, assault and battery, murder, drug B: What else? She told me that she prepared some
crimes, human trafficking, drink driving, speeding etc. work for the pre-trial motions.
2 After someone is arrested they are held in custody A: That'11 be in this file. Here you are!
and booked, which means a police officer notes B: Amanda, you're a lifesaver!
their personal details. Following this, they may be A: Anything else? Have you got the documents
offered bail, usually in retum for a fee. The person about the plea bargain?
will then be formally charged with a crime and will B: Yes. I have thanks. But if I need more help, I'll let
usually find a lawyer to argue their case. you know. Thanks again.

2 F 2 T 3 F 9 Suggested Answer
Dear Amanda,
3 A 2 B 3 C 4 A Helen left me the file on the Ingam case, but there
are a few important documents missing.
4 1 plea bargain 4 booked I already have details of the warrant and documents
2 custody 5 preliminary hearing about the plea bargain. However, I am missing
3 arraignment 6 pre-trial motions information on the withholding of bail, details of the
arraignment and the work for the pre-trial motions.
5 Suggested Answer Please can you find these for me.
An attomey has had to abandon a case due to family Have you been working on this case with Helen? If
problems. The attorney is defending Luke Ingman, a you know any more details about the case I could
known criminal. Luke has been arrested, booked and use some extra help.
held in custody on charges of burglary and the sale Thanks,
of stolen goods. Despite an appeal he was not granted Dominic
bail, probably because he has failed to show up for
court appearances before. Luke pleaded not guilty at Unit 6
the arraignment but was not allowed to try for a plea
bargain. The preliminary hearing took place last month. 1 Suggested Answers
The next step for the case is to go through the pre- 1 If a child commits a crime they may be taken into
trial motions. A case is being prepared for insufficient police custody and their parents or guardians will
evidence and the trial will take place in May. Although be contacted. The child will then either be held in
it is very likely Luke will be convicted, the attorney a juvenile correctional facility or allowed to go with
hopes the sentence will be light. their parents or guardians. In either situation, the

34 Answer Key
OOL:";' Answer Key

case is referred to a juvenile court which decides A: Oh, no. Something like community service seems
whether to try the child in court, or give them a appropriate.
lecture of the record about their offense. This B: What do you think about probation?
depends on how serious the crime is. A: That could be a good idea. What is her family
2 In general, punishments for children are designed background?
to punish the child for what they've done but to B: Both her parents have a criminal records.
also give them a chance to learn from their A: They might be partly liable if there was damage
mistakes. They are generally less severe than to the victims house.
adult punishments and often involve community B: That's your decision. I'm sure that we should keep
service, probation and counseling. For more her in the correctional facility for now, though.
serious offenses, children may have to pay fines A: Thanks for your help. I'll investigate further before
and even spend time in prison. I make any decisions.

2 B 2 B 3 A 9 Suggested Answer
Report for Justice Hansen
3 1 off-the-record 4 juvenile 7 detained
2 liable 5 waived The juvenile offender, Leanna Parks, broke into an
3 lecture 6 expunged elderly woman's house, threatened her and stole
some money and jewelry. So, the crime is breaking
4 1 D 3 B 5 G 7 C and entering, and theft. This is her first offense. She
2 A 4 F 6 E is currently being detained in a juvenile correctional
facility. A suitable punishment might be community
5 Suggested Answer service or probation.
Bob Gilmore
Children as young as seven can be tried in a juvenile
Court officer
court.
If a crime is really serious, the judge can waive the
juvenile offender to an adult court. Unit 7
Common penalties for juvenile crimes include 1 Suggested Answers
community service, fines and being put on probation.
1 Evidence is important because it supports and
illustrates the arguments of each party in court.
6 T 2 F 3 F
For example, if a lawyer accuses a defendant of
shooting someone, his claim is strengthened if he
7 1 jewelry 5 off the record
has the gun the defendant used as evidence.
2 detained 6 community service
2 Any objects directly involved with a crime, such
3 juvenile 7 probation
as weapons, faulty products or items of clothing,
4 thirteen / 13
as well as documents such as contracts.
Evidence to illustrate a witnesses testimony, like
8 Suggested Answer
maps or pictures.
A: So, tell me about this case.
B: The girl's name is Leanna Parks. She broke into 2 1 serves to make an assertion more or less probable
an elderly lady's home, threatened her and stole 2 Material Evidence
some money and jewelry. 3 is reliable
A: That's quite serious. Is she being detained now? 4 real evidence
B: Yes, she's in the juvenile correctional facility. But 5 Documentary evidence
this is her first offense. 6 an oral or written assertion
A: How old is she?
B: She is 13. 3 1 F 3 D 5 E 7 B
A: Well, since this is her first offence, maybe we can 2 C 4 G 6 A
handle it off the record.
B: But not without punishment?

Answer Key 35
Book 3 Answer Key

4 1 real evidence 9 Suggested Answer


2 documentary evidence Report for Soames case
3 relevant
4 competent Evidence
5 testimonial evidence Real evidence includes the gun Soames used for the
6 material bank robbery. It is admissible because it was handled
7 demonstrative evidence properly.
The only testimonial evidence we have comes from
5 Suggested Answer Mrs. Gladys Chambers. This evidence is not competent
There are four types of evidence. Real evidence is because not only does she have terrible eyesight but
usually an object that was directly involved in crime, she wasn't even wearing her glasses at the time she
for example a gun or a knife. Demonstrative evidence witnessed the robbery.
illustrates the testimony of a witness, for example, As for demonstrative evidence, we have video tapes
maps or pictures. Documentary evidence is like real from the bank's security cameras.
evidence, but in the form of a document, such as
contracts, wills and letters. Lastly, testimonial evidence UnitS
is an oral or written statement of a person's beliefs 1 Suggested Answers
about the case.
1 Blood stains, fibers from clothes, shoeprints,
6 A 2 C fingerprints, tire tracks, weapons, hairs, skin cells.
2 Nowadays DNA is increasingly used as biological
7 1 evidence 5 demonstrative evidence.
2 bank robbery 6 security cameras
3 documentation 7 material evidence 2 B 2 A 3 C
4 admissible
3 1 biological 4 class 7 shoeprints
8 Suggested Answer 2 fingerprints 5 fibers
3 preserved 6 contaminating
A: So, let's look again at the evidence for the
Soames case 4 1 A 3 B 5 A
B: We should start with the real evidence. That is, 2 B 4 A 6 B
the gun Soames used for the robbery.
A: Detective Meeks faxed us the chain of custody 5 Suggested Answer
for it this morning.
B: Everything was handled properly, wasn't it? Physical evidence includes shoeprints, finger prints,
A: Yes. There shouldn't be any problem with the gun tire tracks and fibers from clothes. It is usually of non-
being accepted as admissible evidence. living origin. A piece of physical evidence is not
B: Great. Do we have any demonstrative evidence? usually enough to convict someone, because it
A: Videotapes from the bank's security cameras. doesn't prove involvement in a crime. However, if
B: Are they relevant? several pieces of physical evidence are found
A: Very. The whole robbery was filmed. together they can help identify the perpetrator.
B: Perfect. Lastly, what about testimonial evidence? Biological evidence includes blood stains and DNA.
A: Well, there's Mrs. Gladys Chambers, but I have Both types of evidence must be handled carefully to
some doubts about whether or not her testimony prevent contamination and a secure chain of custody
is competent. needs to be established.
B: Why is that?
A: She has terrible eyesight, and she has told us that 6 2 X 3 ./ 4 X 5 ./
she wasn't wearing her glasses at the time of the
robbery. 7 1 physical 4 bloodstains
B: Let's strike her off the witness list. 2 shoe print 5 fingerprints
3 fiber 6 trace

36 Answer Key
OOK 3 Answer Key

8 Suggested Answer 2 T 2 F 3 T
A: Laura Wolfe here, how can I help you?
B: Hi, Laura, it's Martin Weber from the Forensics lab. 3 1 firsthand 3 hearsay 5 recitation
I've got some results from the crime scene. 2 lay witness 4 expert witness
A: Oh, good. Tell me more.
B: Starting with the physical evidence, we've got a 4 1 competency to testify
shoeprint from a size 10 tennis shoe. 2 stricken from the record
A: Okay, but that doesn't tell us much. Was there any 3 misinterpret
more class evidence? 4 meaningful
B: A few blue cotton fibres, probably from aT-shirt. But 5 embellishes
we're not sure they're definitely from the perpetrator. 6 beyond the scope of expertise
A: What about biological evidence?
B: They aren't any fingerprints. And we believe all the 5 C 2 A
bloodstains are from the victim.
A: Thanks for the update, but that's not enough to 6 1 attacked 5 screaming
link the suspect to the crime. 2 record 6 apartments
B: I know. But we've not analysed the trace evidence 3 testify 7 thumps
yet. We've collected some skin cells from under 4 firsthand knowledge
the victims fingernails. We're analysing the DNA
as we speak. 7 Suggested Answer
A: Can you phone me as soon as you get the results? A: Good afternoon. Is that Jean Russell?
B: Of course. We hope to have them in a few hours. B: Speaking.
A: Thanks, I'll be here. A: Hello, this is Jenny Fairbank. I called you yesterday
about your neighbor; about the night she was
9 Suggested Answer attacked?
Report B: Oh, yes, that's right. How can I help?
Forensic evidence A: I have a few more questions I would like to ask
Crime scene evidence consisted of physical evidence, you. Do you mind if I record our conversation?
biological evidence and that which still needs to be B: Of course not. By the way, am I going to have to
analyzed. testify in court?
1 Physical evidence A: It depends. If you have firsthand knowledge of
We found a shoe print from a size 10 tennis shoe. what happened, your testimony will be very useful.
2 Biological evidence B: Well, I didn't see him attack her. I was watching
This included bloodstains, seemingly from the TV when I heard her start screaming.
victim. A: 'Her' is Anna Fields?
3 Evidence yet to be analyzed B: Yes. The walls between the apartments are
Trace evidence: skin cells from under the victim's paper-thin. She sounded petrified.
fingernails. A: Did you hear anything else?
B: A couple of loud thumps,. I called the police and
Unit 9
then I thought I'd check on Anna. I opened the
1 Suggested Answers door to go into the hallway and saw him run out
1 Lay witnesses, including eyewitnesses. Expert of Anna's apartment.
witnesses. A: Who did you see?
2 A witnesses' testimony may be discounted if it B: His name is Patrick. I don't know his last name.
appears that they are lying or have insufficient A: Have you ever met him?
knowledge of the crime to give sound testimony. B: No, but Anna talked about him. That's how I know
If the witness is an expert witness, their testimony his name.
may be discounted if they do not have suitable A: So, you could positively identify him.
credentials or lack experience in the field they are B: Definitely!
testifying about.

Answer Key 37
Book Answer Key

8 Suggested Answer 8 Suggested Answer


Witness Interview A: Wow. We've had to exclude a lot of evidence from
1 Witness relationship to victim? this trial!
Jean Russell. Neighbor. B: Yes. Nearly 75% of the evidence has been
2 What saw / heard? inadmissible.
Heard screaming. Then saw Patrick run of Anna's A: All of it is circumstantial.
apartment. B: Well, sometimes circumstantial evidence adds up.
3 Can witness identify suspect? A: Not in this case. The jury looked very confused.
Yes. B: At some points, so was I.
A: What will you do?
Unit 10 B: I'm going to meet the attorneys before we
continue with the trial tomorrow morning.
1 Suggested Answers A: I think that's a good move!
1 If evidence seems improbable, unfair, confusing, B: I will simply explain that all evidence needs to
overly complex, irrelevant to the case, prejudiced have clear and probative value. And that if they
or overly emotive, it may not be permitted in court. continue to present inadmissible evidence, I will
This is because it can confuse or bias the jury. hold them in contempt of court.
2 Irrelevant evidence wastes court time and costs A: You can do that?
money. It can also confuse the judge and jury, or B: Yes. This evidence is wasting time and disrupting
be designed to cause bias against someone. For the course of justice.
example, mentioning a defendant's previous A: That's a fair point.
convictions when they are irrelevant to the current
case is designed to cause bias. 9 Suggested Answer
Memorandum
2 1 admissible 3 exclude Please would the attorneys meet me in my chambers
2 resolve 4 misleading before the trial commences tomorrow.
Among other matters that need to be discussed, I
3 A 2 B 3 B 4 A should remind you both about the importance of
presenting evidence with probative value. If you do not,
4 1 oppression 4 probable I will deem the evidence inadmissible. I do not want to
2 probative 5 corroborated have to exclude any more evidence in this case.
3 accumulated 6 emotive Remember: it is quality, not quantity, that matters.
If either of you fail to comply with this, my order, I will
5 Suggested Answer feel compelled to hold you in contempt of court.
Direct evidence is that which can decide a case
immediately, on the condition that it is probable. For Unit 11
example, in a murder case, a witness who saw the
perpetrator stab the victim gives direct evidence. 1 Suggested Answers
Circumstantial evidence, on the other hand, requires 1 People can settle their problems without going to
the jury to make a link between the evidence and the court through mediation and arbitration.
proposition. Examples are DNA samples and 2 Mediation and arbitration are quicker and cheaper
fingerprints. Several pieces of circumstantial evidence than going to court. In mediation you avoid any
may be collected together to give a more complete legal action and come to an agreement
picture of a case. Both types of evidence can be yourselves, which is a more amicable way to
excluded for a variety of reasons including if evidence settle a problem. In arbitration the ruling is legally
is considered unfair, confusing, emotive or prejudiced. binding, so it is a fast, inexpensive way to have a
legally enforceable decision made.
6 F 2 T 3 F
2 C 2 C 3 B
7 1 excluded 5 found parts of it
2 inadmissible 6 get underway with 3 B 2 A 3 B 4 C 5 A
3 circumstantial 7 clear, probative value
4 adds up

38 Answer Key
ook Answer Key

4 1 relief 4 facilitator 7 settlement 9 Suggested Answer


2 mediation 5 dispute Dear Mr. Sampson,
3 mediator 6 arbitration Further to our telephone conversation this morning, I
am writing to advise you about Alternative Dispute
5 Suggested Answer Resolution (ADR).
There are two different methods of ADR, mediation ADR has the advantage of being cheaper and
and arbitration. In mediation the parties reach a quicker than litigating through the courts. It also has
decision themselves, with the help of a trained a higher chance of leading to a settlement.
mediator. The mediator may make suggestions and As you may have gathered from our chat earlier,
give advice but does not make an overall ruling. In there are two types of ADR: mediation and arbitration.
arbitration, by contrast, an arbitrator (a disinterested, I will briefly set out the differences between the two.
neutral party) is brought in to listen to both parties
1 Mediation
present their cases. After hearing both cases the
Mediation aims at helping the parties to settle. The
arbitrator decides on a ruling. This ruling is both
mediator acts as a go-between, never telling one
legally binding and enforceable.
or other party what to do but offering guidance
as to how they might settle their differences.
6 T 2 F 3 T
2 Arbitration
7 1 Dispute 4 how this works Arbitration, on the other hand, is like an informal
2 building contractors 5 settlement trial. Each side presents its case, then the
3 litigation 6 facilitator arbitrator (an expert on the disputed subject who
is like a judge) makes a ruling.
8 Suggested Answer As discussed, you have such a strong claim that
A: Hello. I'm calling to see if you could help me. I'm there is no point looking to settle via mediation.
having a problem with some building contractors. You will also want any ruling to be legally binding.
They didn't do everything they promised, and their I therefore recommend arbitration as the best way
work was very poor. of winning your dispute.
B: I'm sorry to hear that. Please call me when you have had a chance to
A: The problem is, I can't afford to go through consider this email in its entirety.
litigation. A friend told me I should call you. Kind regards,
B: I'm sure we can help you sort this out. Olivia Hicks
A: Can you give me some more details about what
exactly you do here? Unit 12
B: Well, we help you and the other party reach a
1 Suggested Answers
settlement together.
A: I don't think that's possible. 1 Using arbitration is helpful when you cannot afford
B: Someone else will be there to help you. There are to go through court but have a strong complaint
two ways to do it. Firstly, there is mediation, which against another party. It is particularly helpful if you
is when a facilitator guides your discussion and need a legal ruling to force the other party to take
gives you suggestions. The other option is action.
arbitration, which is when an expert comes in to 2 Businesses may put an arbitration clause in their
listen to both parties and make a ruling. contract to protect their company from lengthy
A: And is the ruling legally binding? and expensive court battles. A business may also
B: It is. It's enforceable by law. work with a specific arbitration forum. This forum
A: That's sounds like what I need in this case. could be more likely to rule in the businesses favor
B: I agree with you. So, let's get started! 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
~

Answer Key

2 F 2 T 3 F B: Actually, with arbitration, appeal is very difficult.


And your contract states the arbitrator's decisions
3 C 2 A 3 B 4 D 5 E are legally binding.
A: This is terrible.
4 1 mandatory 4 erroneous 7 specify B: It's OK. You have a strong case. We'll get you the
2 waive 5 prohibitive money they owe you.
3 overturned 6 limited
9 Suggested Answer
5 Suggested Answer Dear Mr. Sanchez,
You should always read a contract carefully before We have reviewed the papers you emailed to our firm
you sign it in case it contains a mandatory arbitration yesterday. We understand your desire to take the case
clause. This clause means that any legal disputes to court - you have a good claim - but, on a closer
you may have with the company will have to be examination of your contract, we see that it includes
settled through arbitration. This often works in favor a mandatory arbitration clause. This means that, in the
of the company, who choose the arbitration forum. event of a dispute, the matter must be resolved via
The forum may rule in the company's favor to ensure arbitration (it cannot be dealt with in court).
repeat business. It is also very difficult to appeal the This, ultimately, could play to your advantage.
decision of an arbitrator. When reading the contract Arbitrations are generally quicker and cheaper than
check whether the arbitration clause specifies who full-scale litigation.
pays the attorney and court fees, if the arbitrator's There are some disadvantages I should warn you of.
decision is legally binding and where the arbitration Firstly, the company gets to choose an arbitrator, so
takes place. Otherwise you could find yourself in a they may choose someone who they think will rule in
very unfair situation with little room to maneuver. their favor. Besides potentially biased arbitrators, there
are also limited avenues for appeal if the arbitration
6 ./ 2 X 3 X 4 X 5 ./ goes against you. You shouldn't concern yourself with
this now. I say this merely by way of warning. With the
7 1 contract 4 quicker 7 limited facts of the case weighing in your favor, you can
2 arbitration 5 incentive embark upon your arbitration with confidence.
3 specifies 6 erroneous We shall need to meet soon. Perhaps you could
come and meet me in my office next Monday?
8 Suggested Answer Yours sincerely,
A: Hello Mr. Burns, I'm Mr. Chomsky. Jack Brown
B: Please sit down Mr. Chomsky. So, what is the
problem? Unit 13
A: A company I supply to hasn't been paying me. I
1 Suggested Answers
want to take them to court.
B: Can I see your contract? 1 A good mediator should be calm, patient,
A: Of course, here you are. confident, creative, reasonable, open-minded, and
B: I'm afraid you can't take them to court. Your have good interpersonal and communicative skills.
contract contains a mandatory arbitration clause. 2 The two parties may be closed-minded and
This says that, in case of a dispute, it must be refuse to compromise or consider different
settled through arbitration. options. There could also be problems with the
A: Is that going to cause me problems? parties arguing and refusing to cooperate.
B: Not necessarily. Arbitration is positive because it's
usually much quicker than going to court. 2 B 2 B 3 D
A: Okay. But ...
B: Well, the company chooses the arbitrators, so 3 A 2 B 3 B 4 C
they may choose people who will rule in their
favor. It's in the interest of the arbitrators to keep 4 1 trust 3 momentum
big companies as clients, you see. 2 open mind 4 voice of reason
A: But I can appeal if the ruling is unfair, can't I?

40 Answer Key
Answer Key

5 Suggested Answer to reach a settlement. It is important to remember


Mediation is when the two parties involved in a dispute that there are two sides to every story, and each
meet to try and solve their problem through discussion. party must, at least for a while, try, to see things from
The aim is to come to a mutual agreement, fair to both other party's perspective. Having a peaceful and
parties. A neutral mediator is present to help both open mind will help both sides reach a solution.
parties cooperate, give suggestions and act as the What will the mediator be doing during the
voice of reason. Mediation is an effective way to solve mediation?
a problem because it's cheaper and quicker than Keeping the process of negotiation on track and
litigation. However, for mediation to be successful, both maintaining momentum. Helping the two sides
parties must keep open minds and be willing to cooperate. Acting as the 'voice of reason', and
consider lots of different solutions. coming up with different ways to solve the dispute.

6 F 2 T 3 T Unit 14
1 Suggested Answers
7 1 mediator 5 process
1 If there is a disagreement between two countries
2 child custody 6 right
they will often try and settle it with the help of
3 details 7 fair solution
intemational organizations, like the League of Arab
4 mediation
States or the African Union, who try to facilitate a
peaceful, fair solution. There are also International
8 Suggested Answer Courts, such as the United Nation's International
A: Hi. I'm Marissa. I'll be your mediator today. Court of Justice where disputes can be heard.
B: Hello. I'm Jeanne. I'm afraid my ex-husband isn't 2 International law is developed and agreed upon by
here yet. those that make up the international system, but
A: You're aim is to agree about property division, isn't not every nation state is a member or has a part
it? in the process. The United Nations (UN) is probably
B: Yes, Jack wants to keep ... the most well recognized of all international
A: Hang on. I'd prefer not to talk about the case until institutions.
Jack arrives, too.
B: Sorry. I've never tried mediation before. Can you 2 1 customary law 4 Public international law
give me some details about the process while 2 conventional law 5 Private international law
we're waiting? 3 supranational law
A: Of course. So, as your mediator, I'm here to keep
things on track and help you and Jack reach a 3 1 B 3 E 5 A
fair solution. One that you can both be happy with. 2 F 4 D 6 C
B: So you don't decide who's right or wrong.
A: No. You do that together. 4 1 derive, supersede 3 genocide, slavery
B: I'm not sure we can do that. We don't usually 2 pool, override 4 treaty, entity
agree on anything.
A: Well, one of the most important things is to keep 5 Suggested Answer
an open mind, if not, nothing can happen! Anyway, There are 3 distinct disciplines of international law:
my role is to help you cooperate. 1 Public international law: deals with the
B: That's good! relationship between international entities, such as
corporations or states. It includes maritime,
9 Suggested Answer international humanitarian and criminal law.
How should the parties behave during the 2 Private international law: decides under which
mediation? jurisdiction a case should be heard.
Be relaxed. Leave behind any feelings of hostility. Aim 3 Supranational law: when states who are a
to be cooperative. members of a community pool their authority, a
Why is it important to have an open mind? supranational body can enforce laws against any
A narrow mind (or blinkered view or an all-or-nothing of the member states.
approach) defeats the object of mediation, which is

Answer Key 41
Answer Key

There are 2 main sources of international law: Unit 15


1 Customary law: derived from customs e.g. the Suggested Answers
rules governing war crimes or slavery.
1 The United Nations is an international organization
2 Conventional law: derived from international
which aims to maintain international peace,
agreements and treaties.
develop friendly relations among nations, promote
social progress, and improve living standards and
6 T 2 T 3 F
human rights around the world. In pursuit of these
aims it is involved in various peacekeeping and
7 1 private international law 4 derives
humanitarian missions.
2 dispute 5 slavery
2 There needs to be a neutral platform where
3 customary law 6 conventional law
international disputes can be heard. A court
affiliated to any country, or organization could be
8 Suggested Answer
biased towards one party.
A: I find this international law really difficult.
B: Can I help you with something? 2 F 2 T 3 F
A: Yes, please! I'm very confused about the difference
between public and private international law. 3 1 convene 3 ad hoc 5 terms
B: It's not so hard. Basically, public international law 2 recourse 4 decisive 6 perspective
governs the conduct of multinational companies,
intergovernmental organizations and individuals 4 1 chambers 7 elected
involved in international affairs. 2 contentious 5 submit
A: I see. But what about private international law? 3 votes 6 Developing countries
Doesn't that involve private companies too? 4 nominated
B: No. It concerns which legal system and which
jurisdiction applies to a dispute. 5 Suggested Answer
A: I think I'm with you. Could you also explain the
The International Court of Justice is part of the United
difference between customary and conventional
Nations. It is located in The Hague in the Netherlands
law?
and its job is to settle disputes between memb~r
B: They're both sources of the rules of international
states. It is composed of 15 judges who keep their
law.
positions for 9 years but may be re-elected twice.
A: And how are they different?
Decisions are made by majority vote but a president
B: Customary law derives from the customs of states
has a decisive vote. Ad hoc judges can be elected
over the years.
to sit in on contentious cases to give a local
A: Oh, like ideas about what is a war crime or not.
perspective. The full court does not convene very
B: Exactly. Whereas conventional law derives from
often. However, small chambers of 3-5 judges hear
treaties and international agreements, as well as
cases on a more regular basis.
the practices of international organizations.
A: Great. I understand it much better now. Thanks so
6 C 2 A
much.
B: No problem.
7 1 submitted 3 elected 5 contentious
2 bench 4 ad hoc 6 vote
9 Suggested Answer
Public international law governs the behavior of 8 Suggested Answer
intergovernmental organizations, multinational companies
A: Good morning, Justice Sanders. Thank you for
and individuals who are involved in international affairs.
coming in today.
Private international law is the body of law that
B: You're welcome.
decides which legal system and which jurisdiction
A: I think you are aware that our government has
applies to a dispute.
submitted a case to the International Court of
International laws come from customary law and
Justice. It concerns the pollution of our rivers by
conventional law.
countries upstream.

42 Answer Key
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: Ah, so you won't need to keep the tickler file
Lawyer: Okay, let's talk about the jobs that we need to anymore!
accomplish today. Secretary: Well, no. I wouldn't.
Assistant: Sure. Lawyer: Okay, Karen. I'll look into it.
Lawyer: There are a number of crucial jobs that need to Secretary: Thanks, I appreciate it.
be done. First, the entry of appearance for Herman
Bentley needs to be filed . Unit 3
Assistant: I can do that easily enough.
Employee: I've signed my contract and those other
Lawyer: Please don't forget. The deadline is today.
forms.
Assistant: I'm putting it at the top of my to-do list.
Secretary: Great. Now I just need you to sign this
Lawyer: And I have got to do some work for the Adams
document retention policy.
case. I've been procrastinating for days.
Employee: What's that?
Assistant: That's not good.
Secretary: It's a form which outlines how long we have
Lawyer: I tried to work on it yesterday, but there was just
to retain all the company records.
too much going on.
Employee: Really? I never realized such documents
Assistant: There's a whole staff of secretaries and
existed.
assistants in this firm. You need to delegate more
Secretary: Oh, they're very important, especially in a law
work to them.
firm. Everything has to be cataloged and kept.
Lawyer: I know, I know. It's just that everything seems so
Nothing can be destroyed until the specified time is
Important and I get nervous ...
up.
Assistant: Because you're afraid it won't get done
Employee: How long is the time period?
correctly?
Secretary: Most documents are kept for six years, but
Lawyer: Exactly.
some things, like meeting minutes, are kept in
Assistant: But I'm sure they're all able to handle filing
perpetuity.
papers and making phone calls.
Employee: In perpetuity? You mean, forever?
Lawyer: You're right. Maybe I'll ask Sharon if she can help
Secretary: Yes.
me out today with some of the papers.
Employee: Wow! At least things are computerized now.
Assistant: I'm sure she'd be happy to give you a hand.
We can keep electronic copies of everything.
Secretary: It isn't that easy. We have to keep most things
Unit 2 as a hard copy.
Secretary: Charles, do you have a minute? Employee: What happens if we don't comply?
Lawyer: Sure. Secretary: Oh, failure to comply can lead to all sorts of
Secretary: I'm updating the master calendar. Do you problems. Fines, penalties, even trouble with the law.
have any appointments that I need to add? Employee: Well, I'd better agree to it then. I'll sign it now.
Lawyer: Oh, yes. There's probably several of them. Here, Secretary: Wonderful, thanks.
why don't you have a look at my planner?
Secretary: All right. And I've just added some information Unit4
to the wall calendar from the tickler file. Some of
Paralegal: Hello, Rickard and Partridge. Margaret
those deadlines might apply to you, so you should
Woodford speaking. Can I help you?
check.
Client: Hello, it's James Hamilton here. I received a letter
Lawyer: Okay, I'll take a look at it later.
from you this morning about your billing procedures.
Secretary: You know ... we really ought to get a better
Paralegal: Oh yes, of course.
calendar system than this. There's really good
Client: Could tell me what the hourly rate is for Mr.
software nowadays.
Rickard's services, please?
Lawyer: I guess I'm old-fashioned. I don't like computer-
Paralegal: Tony Rickard? The senior partner? His fee
based calendars.
would be considerably higher than the one we
Secretary: But they're so useful! It's easy to track
quoted for you.
people's schedules, plan meetings and avoid conflicts
Client: Yes, I realize that, but I think his expertise would
... and you only have to enter the information once.
be beneficial in this case.
Lawyer: Once, huh?
Paralegal: Well, let me see. His hourly rate is $650, and
Secretary: Yes. Some programs will even automatically
he would require a retainer fee of $1,000.
remind you about upcoming deadlines.

44 Answer Key
Audioscripts

Client: Will the retainer fee be refunded? Officer: She's thirteen.


Paralegal: Only if it isn't used up in the duration of the Judge: We might be able to handle it off the record, since
case. this is her first offense.
Client: And would I keep all the recovery if I took that Officer: But surely not without punishment?
option? Judge: Oh no. We could give her some community
Paralegal: Yes, you would. service.
Client: Okay. And is there an option with a contingency Officer: What about probation?
fee? Judge: Yes, it might be an idea. What's her family
Paralegal: I would have to speak to Mr Rickard about background?
that. Officer: Both of her parents have a criminal record.
Client: I'd be grateful if you could do that for me. Judge: Well they might be partly liable too, if there was
Paralegal: Certainly. I'll speak to him this afternoon and any damage done to the victim's house.
call you later. Officer: Well, that's your decision, but certainly I think we
Client: Thanks very much. should keep her in the correctional facility for the
time being.
Unit 5 Judge: Well, thank you for your input. I'll look into the
case further before I make a decision.
Assistant: Hi, Patrick. You look stressed out. Is something Officer: You're welcome.
wrong?
Attorney: Well, Helen left me the file on the Ingman case,
Unit 7
but there are a few important things missing from it.
Assistant: Really? Hmm ... they're probably in her office. Lawyer 1: Let's go over the evidence we have for the
Attorney: Do you mind helping me look for them? Soames case.
Assistant: No problem. What's missing? Lawyer 2: Okay, good idea. I guess we ought to start
Attorney: Well, I've got the details of the warrant, but I with the real evidence; the gun Soames used for the
don't have anything on the withholding of bail. bank robbery.
Assistant: Okay. I think this is it, isn't it? Lawyer 1: I spoke to Detective Meeks this morning. He
Attorney: That looks like it. Next, I need the details of faxed me the documentation showing the chain of
the arraignment. custody.
Assistant: Oh, that's right here on top of this pile of papers. Lawyer 2: Everything was handled properly, right?
Attorney: Let's see ... I've got the documents about the Lawyer 1: Yes, there is no reason why the pistol shouldn't
plea bargain ... oh, she prepared some work for the be admissible as evidence.
pre-trial motions. If you could find that, it'd save me a Lawyer 2: Good. Is there any demonstrative evidence for
lot of time. the case?
Assistant: That's not it ... no ... here it is! Lawyer 1: Yes. We have the videotapes from the bank's
Attorney: Wendy, you're a lifesaver! security cameras.
Assistant: Is that everything you need? Lawyer 2: I assume they're relevant?
Attorney: I think so. I really appreciate your help. Lawyer 1: Absolutely. The entire robbery was caught on
Assistant: You're welcome. I helped Helen do some work video.
on the Ingman case before she left. If you need a Lawyer 2: Really? You can't beat that for material
hand, let me know. evidence. What's next?
Attorney: I might take you up on that offer. Thanks. Lawyer 1: Testimonial evidence. First there's a Mrs. Gladys
Chambers ... but I don't think her testimony is
Unit 6 competent.
Lawyer 2: What's the problem?
Judge: So, tell me about this case. Lawyer 1: She has terrible eyesight.
Officer: The girl's name is Leanna Parks. She broke into Lawyer 2: Well, that's not a problem unless ...
an elderly woman's house, threatened her, and stole Lawyer 1: Mrs. Chambers admitted she wasn't wearing
some money and jewelry. her glasses at the time of the robbery.
Judge: That's pretty serious. Is she being detained now? Lawyer 2: I guess we'll strike her off the list of witnesses,
Officer: Yes, she is. She's in the juvenile correctional then.
facil ity. But this is her first offense.
Judge: How old is she?

Answer Key 45
Audioscripts

Unit 8 Witness: A couple of loud thumps. I called the police and


then I thought I'd check on Liza. I opened my door to
Lawyer: Hello, Mary Ellis speaking.
I go into the hallway ... and that's when I saw him run
Expert: Hi, It's Mike Turnbull from the forensics lab. I've
out of Liza's apartment.
got some results from the crime scene.
Paralegal: Who did you see?
Lawyer: Oh, great, what did you find?
Witness: His name is Eddie. I don't know his last name.
Expert: Well, I'll start with physical evidence. We've got a
Paralegal: Have you ever met him?
shoe print from a size 10 tennis shoe.
Witness: No, but Liza talked about him. That's how I know
Lawyer: Was there any other class evidence? The shoe
his name. And I'd see them around together.
print by itself isn't that helpful.
Paralegal: So, you could positively identify him?
Expert: We've got a red cotton fiber, probably from a
Witness: Yes.
sweatshirt. But it isn't clear whether it comes from our
perpetrator or someone else who was in the area
that day. Unit 10
Lawyer: Okay. Any fingerprints? Bloodstains? Judge: I don't think I've ever excluded so much evidence
Expert: There are no fingerprints. Our perpetrator must in all my years on the bench!
have been wearing gloves. All the bloodstains seem Clerk: Nearly three-quarters of that stuff was
to come from our victim. inadmissible.
Lawyer: I appreciate your help, but unfortunately that's Judge: Well, the attorneys are trying to win their cases.
not enough to connect the suspect to the crime. Although they seem to think that whoever has the
Expert: I know, but we've still got some trace evidence most evidence is going to win.
to examine. Clerk: All of it is circumstantial.
Lawyer: Really? Judge: Well, circumstantial evidence often adds up.
Expert: Yes, we've collected some skin cells from under Clerk: But not in this case. The jury members looked so
the victim's fingernails. We're analyzing the DNA at confused.
the moment. Judge: I know. Even I found parts of it confusing.
Lawyer: Will you please phone me once the results Clerk: What are you going to do?
come in? Judge: I'm going to meet with the attorneys before we
Expert: Of course. We should have them by the end of get underway with the trial tomorrow.
the day. Clerk: That's probably a good idea.
Lawyer: Okay, I'll be here until 5:00 this evening. Judge: I'm going to tell them that from now on, any
Expert: I'll do my best to call you before five, then. evidence they present needs to have clear, probative
value.
Unit9 Clerk: And if they still do it?
Judge: Then I'll hold them in contempt of court.
Paralegal: Good afternoon, Mr. Aguilar. My name is
Clerk: Can you do that?
Miriam Bellwether.
Judge: As far as I'm concerned, they're disrupting the
Witness: You called me yesterday. You're here to ask me
course of justice. That's a valid reason.
what I know about the night Liza was attacked.
Clerk: Can't argue with you on that.
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 Unit 11
testify in court? ADR worker: Good morning, King and Webb Alternative
Paralegal: Well, that depends. If you have firsthand Dispute Resolution.
knowledge of what happened, your testimony will be Businessman: I was wondering if you can help me. I've
very meaningful to the case. been having problems with some building contractors.
Witness: I didn't see him attack her. I was watching TV They didn't deliver what was promised and the work
when I heard her start screaming. was poor.
Paralegal: 'Her' would be Ms. Liza Mellow? ADR worker: I'm sorry to hear that.
Witness: Yes. The walls between the apartments aren't Businessman: I can't afford to go through litigation, and
very thick. She sounded very scared. courts take such a long time. A colleague suggested
Paralegal: Did you hear anything else? I call you.

46 Answer Key
Audioscripts

ADR worker: We can definitely help you out. Unit 13


Businessman: I'm not exactly sure how this works,
Mediator: Hi, I'm Janet. I'll be your mediator today.
though.
Man: My name is Greg. My ex-wife isn't here yet.
ADR worker: Well, basically, you and the other party will
Mediator: You're trying to agree on child custody, is that
sit down together and try to agree on a settlement.
right?
Businessman: Hmm ... I don't know if we could ...
Man: Yes. Candace wants me to -
ADR worker: Oh, you don't have to do it yourselves!
Mediator: Oh, wait ... I'd prefer not to hear the details of
Someone else will be there to help. There are two
the problem until ... Candace? ... arrives.
ways to do it.
Man: Sorry. I've never done mediation before.
Businessman: What are they?
Mediator: Well, I'd be happy to answer any questions for
ADR worker: In the first case, mediation, a facilitator will
you about the process while we're waiting.
guide the discussion and give suggestions. In the
Man: Oh, okay. Um ... so do you decide who's right and
second case, arbitration, we bring in an expert who
who's wrong?
will make a ruling.
Mediator: No, I actually don't decide anything. That's up
Businessman: Will that ruling be legally binding?
to you and Candace. I just help keep things on track
ADR worker: Yes it is. It's enforceable by law.
so you can reach a fair solution you're both happy
Businessman: That sounds like a better option than the
with.
first one.
Man: I don't think that's going to happen.
ADR worker: Well, in your situation, I also think arbitration
Mediator: You need to keep an open mind ... otherwise
would work best.
it won't happen for sure.
Businessman: Okay. So tell me how to get this process
Man: You're right ... it's just Candace and I don't cooperate
started.
well together.
Mediator: I'll do my best to help you two out with that
Unit 12 while you're in the mediation.
Lawyer: So, what's the problem, Ms. Hunt? Man: It's a good thing you're here, then.
Client: This company hasn't paid me for supplying them Mediator: I'm not going to be doing a whole lot. You and
with materials. I want to take them to court. Candace will be doing most of the work.
Lawyer: I see. Do you have your contract? Man: Oh, I think I just saw her car pull into the parking lot.
Client: Yes it's here.
Lawyer: Well, you can't take them to court. There's a Unit 14
mandatory arbitration clause in this contract.
Student 1: I find this international law really hard to
Client: A what clause?
understand.
Lawyer: Here, in the small print. It specifies that if there
Student 2: Do you want some help?
is a dispute, it must be resolved through arbitration.
Student 1: Please! First, I really don't understand the
Client: Oh. Is that bad?
difference between public international law and private.
Lawyer: Yes and no. It's good because it's generally
Student 2: That's quite simple. Public international law
quicker than going to court.
concerns the behavior of intergovernmental
Client: But?
organizations, multinational companies and individuals
Lawyer: But the company chooses the arbitrators, so it's
who are involved in international affairs.
possible the arbitrators will have an incentive to rule
Student 1: Oh. I thought that public law involved people
in the company's favor. Repeat business, you see.
and private law involved companies.
Client: But we can appeal if there's an erroneous ruling,
Student 2: No, all of those entities come under public
right?
international law.
Lawyer: Well, that's the other problem. There are limited
Student 1: So, what's private international law then?
avenues for appeal in arbitration. Especially because
Student 2: That determines which legal system and
your contract states that any decisions will be legally
which jurisdiction applies to a dispute.
binding.
Student 1: Hmm ... Can you explain customary law and
Client: I can't believe this!
conventional law?
Lawyer: Don't worry. We'll figure it out and get you the
Student 2: Sure. They're both sources of international
money they owe you.
law. That's where the rules come from.
Cl ient: Okay. But in the future, I'll make sure I read 'any
Student 1: And what's the difference between the two?
contracts carefully before signing them!

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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IS BN 97 8 0 85777 8 17 8

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