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~u!qS!lqnd ssaJdx:{ , ~u!qsHqnd ssaJdx3 ~ "O"r -4l!WS T P!I\BO AelOOO AUUer SUBI\3 B!u!5J!/\ M:t " Published by Express Publishing Liberty House, Greenham Business Park, Newbury, Berkshire RG19 6HW Tel.: (0044) 1635 817 363 Fax: (0044) 1635 817463 e-mail: inquiries@expresspublishing.co.uk http://www.expresspublishing.co.uk © Express Publishing, 2011 Design and Illustration © Express Publishing, 2011 First published 2011 Made in EU All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, photocopying, or otherwise, without the prior written permission of the publishers. This book is not meant to be changed in any way. ISBN 978-0-85777-817-8 Table of Contents f.1 1 Answer Key . . .. .. ... . . . .... . .... . ...... ... . . .. . ....... . . . . . . .... . . .. .. . .... 4 Audioscripts . .. . ....... . . .. . . .. . . .. . ..... . . . .. . .. .... . . ... . .. . . . . .... . ...... 13 ~ 2 Answer Key . ... . ............ .. ... . .. . ..... .. .... ... .. . . .. . .. . . . . . . . .. . . ... . 16 Audioscripts ...... . . .. . . .......... . ... . . . . .... .. . .... . ........ . . ... ........ 27 f:) 3 Answer Key ... . ...... . ...... ......... . . . . . .... . . . ... . . . ........ . . . ..... . .. . 31 Audioscripts ... . . .. . . . ... ... . .. . .. . . . . . ..... . ........ . . ..... . ... ... .. .. .. . . 44 Boo Answer Key Unit 1 1 Suggested Answers 2 3 4 1 Judge, attorney/lawyer, paralegal, clerk of the court, bailiff. 2 I would like to be a judge. I think it would be much less stressful than being an attorney, because you don't have to worry about winning your case. However you still get to work in a court and hear lots of interesting cases. 1 plaintiff 2 defendant 3 speak on behalf of their clients 4 may assist the attorney 5 judge 1 B 3 D 5 F 7 G 2 A 4 C 6 E B 2 B 3 A 4 A 5 Suggested Answer 6 In the legal system a civil case begins with a plaintiff, the person who makes a complaint. The plaintiff files the complaint with a court. The person the plaintiff accuses of a crime is the defendant. Both the plaintiff and the defendant have attorneys to present their cases to the court. Attorneys have paralegals, people who have legal training, to assist them. In the court a jury and a judge listen to both sides of the case. The jury decides on a verdict and the judge makes the decision on how to resolve the case. D 2 D 7 1 civil 3 complaint 4 defendant 5 plaintiff 6 jury 2 attorney 8 Suggested Answer A: Hi, Sally. How is that civil case coming along. B: Oh, Roger, I wish you hadn't reminded me! A: Why, what's wrong? B: I'm afraid our client's complaint has run out of steam. A: Well, has it? B: It depends or whether the judge decides there was a valid contract between the plaintiff and the defendant. He really needs the money, or his factory may be forced to close down. A: Do you have evidence to prove that there was? B: Some, but the defendant's attorney is very good and he may succeed in having it disallowed. A: Okay, then why don't you ask our paralegal to do some more research? B: Good idea. 4 Answer Key 9 Suggested Answer Civil Case Update Attorney: Sally Fields Plaintiff's complaint: Plaintiff manufactured goods and supplied them to defendant. Defendant not paying. Possible outcome: Defendant may win case. Plaintiffs factory will close down. Reason: Plaintiff has little evidence / defendant's attorney is very good. Unit 2 1 Suggested Answers 2 3 4 1 People decide to take legal action for many reasons, for example if they have been injured in an accident that was not their fault, if their property has been damaged, if they have been unfairly treated by their employer or if they have been the victim of a crime. 2 People usually need to contact a legal firm to get advice about how to take legal action. People also need to be sure they have evidence to support their claim. T 2 F 3 T B 2 A 3 B 4 A 5 B 1 settle 3 trial 5 proof 2 appeal 4 legal action 5 Suggested Answer 6 If you have been involved in a dispute or have been injured by someone else's carelessness, Butler and Evans Associates can help you to take legal action and get due process. They will initiate a lawsuit to try and get you the damages you are entitled to. Butler and Evans investigate your case to get the proof required for your trial and if the court's verdict is not in your favor they will try to appeal the case. If Butler and Evans don't win your case, they don't charge you any fee. A 2 C 7 1 offer 3 settle 5 proof 2 lawsuit 4 pay for half 6 you're right 8 Suggested Answer A: Good morning, Mrs. Smith. I just received a call from Mr. Jones' lawyer. He said, Mr. Jones is willing to put an end to your dispute. B: Great. So what do we do next? A: Well, he will only stop defending the lawsuit if you agree to settle. B: What is he asking for? A: He wants you to pay for the costs of arguing the case so far and he will pay for the damages to your car. B: But I was parked on the side of the road! He drove straight into me! A: I understand. But seeing as the legal system for these types of cases can be so slow, I suggest you settle. B: Oh, all right, then you're the expert. 9 Suggested Answer Client: Samantha Smith Date: 4th July 2001 Meeting about: Settlement of car crash case. Recommended that client should settle by agreeing to pay legal costs to date. Only then will Mr Jones pay for damages to her car. Client will settle on these terms. Unit 3 1 Suggested Answers 2 1 Legal professionals can find information about cases in legal encyclopedias, law journals, digests and case annotations. These books can be found in many libraries. Courts will also have records of past cases, and nowadays there are several computerized databases of court cases on the Internet. 2 Legal professionals need good research skills because they have to find and research laws and past cases relevant to their case. B 2 C 3 B 3 1 primary materials 2 form book 3 cite 5 resources 4 digest 4 1 journals 4 case annotation 2 computerized database 5 legal encyclopedia 3 references 5 Suggested Answer Law libraries keep different documents in different sections. In one section you will find primary materials, which are the texts containing actual laws. In another you can look at secondary materials, which give opinions on these laws. In the section for secondary materials you will find legal encyclopedias and digests, which are summaries of individual cases. Law journals will be contained in another section. In these journals you can find case annotations. Finally, 6 oot{ . Answer Key form books, are kept in another part of the library. Most libraries also have computerized databases with all these resources on them. F 2 T 3 F 7 1 legal encyclopaedias 2 in common 4 primary materials 5 statutes 3 case annotations 6 No problem 8 Suggested Answer A: Hi John. Did the law library have anything to help our case? B: Yes. There were several similar cases in the legal encyclopedias. It seems that judges often dismiss cases against young defendants. A: Do the dismissed cases have anything in common? B: Well, I looked at the case annotations and found that none of the defendants had any previous convictions. A: Great work! B: I've also collected some primary materials about crimes involving young offenders. A: Thank you. Can you do me one more favor? Write a summaryof the statutes on young offenders. B: No problem, I'll do it right away. 9 Suggested Answer Source(s): Legal encyclopedias, case annotations Useful info: Judges often dismissed cases against young defendants What cases have in common: Young defendants/no previous convictions. Unit4 1 Suggested Answers 1 In the USA new laws are made when a member of Congress sponsors a bill proposing a new law. The bill is assigned to a committee who study it with the help of experts. If the committee decides to pass it on then the relevant chamber of Congress votes on the bill. If a majority votes for the bill it passes to the next chamber of Congress (i.e.: if it was introduced in the Senate, it goes to the House of Representatives and vice versa) and the process is repeated. If the second chamber votes in favor of the bill it is revised by a conference committee and then sent back to both chambers to be voted on again. If the bill is passed by both chambers, it goes to the president for their signature and approval. After this, it officially becomes a law. If the president doesn't approve the bill, it can still become law if two thirds of Congress approve it. Answer Key 5 2 3 4 5 6 Book 1 Answer Key I think this system works well because it prevents people from quickly making laws that might not benefit people. There are a lot of checks and no one person has absolute authority. 2 National laws, or federal laws, are passed by the federal government. State laws are passed by states and apply only to the specific state which they were passed in. They should not contradict national law. States also delegate lawmaking powers to different agencies, counties and cities, which can make local laws about smaller issues such as parking rules. T 2 F 3 A 2 A 3 B 2 B 3 C 2 A 1 national legislation 2 accident 3 tough T B C 4 A 5 B 4 B 5 A 4 took that case 5 state law 6 statute 7 Suggested Answer B: Why is Great Cars Incorporated being sued? A: They didn't follow the national legislation on brake testing procedures. A client's brakes failed and he crashed into a wall. B: So, the driver's suing Great Cars? A: Yes. He's suing them for $ 1 million. B: That sounds hard to beat. A: Well, we'll have a shot. There's a precedent from a lawsuit against Car Masters. A judge dismissed the case when they weren't able to follow the statute. B: Aaah, I've seen it. It should help our client's case. 8 Suggested Answer Date: 27th May 2011 I met with Julian today. He is working on a case for Great Cars Inc. The company didn't meet the requirements of national brake testing regulations and as a consequence, a customer drove into a wall and is suing them for $1 million. But Julian thinks they can win the lawsuit. There is a precedent that might help them. Another company didn't meet state law requirements for seatbelts. But, a judge dismissed the case when they weren't able to follow the statute. 6 Answer Key Unit 5 2 3 4 5 6 Suggested Answers 1 When they first meet attorneys and clients might talk about legal fees, which court a case will go to, the possible duration of the case, its likelihood of success and what documents are needed from the client. 2 In order to work together and trust each other attorneys and their clients need to agree on fees before beginning a case. Preparing a case is a lot of work, and running a law firm is expensive. Attorneys need to know they will be paid. B 2 B 3 C A 2 D 3 C 4 B 1 medical records, police report 2 intake memo, fee agreement 3 correspondence/litigation F 2 T 3 T 1 agreement 4 demand package 2 intake 5 litigation 3 retainer 6 form 7 Suggested Answer A: Janine, did you find the signed copies of the fee agreement and retainer agreement for Mrs. Jackson? B: Yes, I did. Have you also got her intake memo? A: Oh, yes. I guess it's still in my office. B: Don't worry, I can get it. A: Have you got a copy of the demand package we sent for her medical records? B: Yes It's all in her pre-litigation folder. A: Fantastic. Please send her a copy along with the other documents. Don't forget to include the form letter. B: No problem. 8 Suggested Answer Dear Mrs. Jackson, I am pleased to enclose the foll owing documents: Fee agreement Retainer agreement Intake memo Demand package Please sign the relevan documents and return them to us as soon as possiDle. Janine Davis. Paralegal Unit 6 1 Suggested Answers 2 1 In the USA there are district courts, state courts, a Court of Appeals and a Supreme Court. 2 Disputes with the state go to the state courts. General disputes involving federal laws go to district courts. Appeals against previous rulings go to the Court of Appeals. Specific claims relating to bankruptcy or tax go to specialized bankruptcy and tax courts. The Supreme Court usually only hears cases that involve important questions about the Constitution or federal law. F 2 T 3 F 3 1 District 3 jurisdiction 2 state 4 claims 4 1 Supreme 3 review 5 discretionary 2 appeals 4 bankruptcy 6 specialized 5 Suggested Answer 6 In the USA there are 5 main types of courts. In the state courts disputes with the state are decided. Other disputes go to district courts or in some cases to specialized courts, such as tax or bankruptcy courts. If you disagree with a verdict your case will go to the Court of Appeals, which reviews decisions from other courts. The Supreme Court is also an appeals court, but it has discretionary review, meaning it may choose whether it hears your case or not. X 2 .I 3 .I 4 X 5 X 7 1 state 2 district 3 decides 4 reviewed 5 review 6 discretionary 8 Suggested Answer A: So, will my case go to the state courts? B: No, it won't. A: But it's a dispute with the state. B: Yes, but district courts normally have jurisdiction over cases like yours. A: Okay, I understand. And is it possible to appeal against a district court's decision? B: Yes, we can ask for the decision to be reviewed in the Court of Appeals. A: Are you sure they will review a small case like mine? B: They have to. Only the Supreme Court operates under discretionary review, so don't worry! Book Answer Key 9 Suggested Answer Dear Mr. Moisey, In response to your question, your case is not going to the state courts. It is going to a district court because it is a small case and does not fall under the jurisdiction of any specialized court. If you do not agree with the court's decision, the case goes to an appeals court. They have to review it because they do not have discretionary review (the ability to choose which cases they will review). Yours Faithfully, T. Greer Unit 7 1 Suggested Answers 1 Which court hears a case is determined by where the offense was committed, where the defendant or plaintiff are from, and what the case is about. 2 A case can be heard in more than one court, both state and district, if the parties are from different states. This allows the parties involved to escape the possible prejudice of local judges and juries. A case is also heard in more than one type of court if the initial verdict is appealed and the case goes to the Court of Appeals for review. 2 1 Personal jurisdiction 2 Jurisdiction over an area 3 Subject jurisdiction 4 Only one court can decide the issue 5 Concurrent jurisdiction 3 B 2 A 3 B 4 1 territorial jurisdiction 5 forum shopping 2 exclusive 6 legal bodies 3 personal jurisdiction 7 subject jurisdiction 4 concurrent 5 Suggested Answer 6 There are three main types of jurisdiction. Firstly there ispersonal jurisdiction, the authority over a person. Secondly there is territorial jurisdiction or authority over an area, and lastly there is subject jurisdiction which is authority over a particular subject. D 2 C 7 1 territorial 3 concurrent 4 welcome 5 legal bodies 6 favor 2 adjudicate Answer Key 7 Book Answer Key 8 Suggested Answer A: Which court is this case going to? B: Probably to the district court. It has territorial jurisdiction. A: Okay. But in this case, a subject-specific court can also adjudicate. Right? B: I don't think so. I'm pretty sure no other legal bodies have authority. But you're welcome to check. A: I will do. I think jurisdiction is concurrent, and a subject specific court might be more likely to rule in our favor. B: I hope that's true! 9 Suggested Answer The case is likely to go to the district court because it has territorial jurisdiction. Mr. Ryan believes that a subject-specific court can also adjudicate. We must check whether there is concurrent jurisdiction. Then we can choose a court that is more likely to rule in our favor. Unit 8 1 Suggested Answers 2 1 During a trial the jury, judge, bailiff, the clerk of the court and the attorneys must be present in the courtroom. 2 Lawyers can interview jurors and ask specific questions to determine if they will be able to give an unbiased verdict in the trial or will be prejudiced against the case. F 2 T 3 F 3 1 C 2 E 3 A 4 B 5 F 6 D 4 A 2 B 3 A 4 B 5 Suggested Answer 6 When you report for jury duty you are asked a series of questions by the defense and prosecution attorneys to find out if you are a suitable juror for the case. If you are not chosen for the jury you will leave after the questioning. If you are chosen then you will do jury duty for the trial and help decide on a verdict. A 2 D 7 1 juror 3 unfair 5 proceedings 6 clerk 2 reason 4 defense 8 Answer Key 8 Suggested Answer A: Your honor, I don't believe that Juror 5 should sit for this trial. B: Why? A: Due to an answer he gave to one of my questions. He said that violent computer games have made young people nowadays more likely to commit crimes. B: And you're concerned that he will be unfair towards the defendant. A: Exactly. My client's only twelve. B: Fair enough. Juror 5 is released. A: Thank you, your honor. B: We'll continue the process after the clerk of the court calls in another juror. 9 Suggested Answer Jury Notes Today we released a juror. I thought he would be unfair towards the defendant. I believe this because he said that young people nowadays are more likely to commit crimes as a result of playing violent video games and the defendant is only 12 years old. The judge agreed and asked the clerk of the court to call in another juror. Unit 9 1 Suggested Answers 2 3 4 5 1 Before a case can go to court the defendant has to be formally charged with a crime or offense. Attorneys may need to exchange documents pertaining to the trial , and the prosecution must present their evidence to a judge to prove that they have a valid case. There may also be an opportunity for the parties to settle the case without going through court. 2 A jury might not be able to agree on a verdict if there are strong differences of opinion among the jurors. This could be because case is very controversial, or the evidence is confusing. B 2 C 3 D 1 acquitted 3 plea bargain 2 suppress 4 discovery 1 sentenced, charged 2 arraignment, trail 3 mistrial, pre-trial hearing T 2 F 3 T 6 1 pre-trial hearing 2 suppress 7 Suggested Answer 3 discovery 4 trial 5 mistrial 6 handle B: Hello, Richard Burke speaking. A: Richard, it's Elizabeth Smith. I'm calling about the pre-trial hearing on Monday. How was it? B: Not so good. The judge suppressed a lot of our evidence. A: Oh, no. Do we have a trial date? Will we have enough time to prepare the evidence we do have? B: This is the good news. The trial's not until April. Lots of time. A: I agree. I still want to handle the case myself. B: Okay, just do your best. Looks like we'll lose this one, anyway. 8 Suggested Answer Date of Hearing: 21st December Jury's decision or evidence: Suppressed 3/4 of our evidence Trial scheduled for: 20th April 2011 Who will handle case: Elizabeth Smith. Unit 10 1 Suggested Answers 1 It is important to behave properly in a court room in order to make a good impression on the judge and jury. It is also a sign of respect for the judicial system. 2 People can find information about court etiquette on the Internet, in libraries and legal books, and from their attorneys. 2 1 protocols 3 lies 2 All rise 4 addressing 3 1 under oath 3 approach the bench 2 address 4 off the record 4 1 B 3 B 5 A 2 C 4 B 6 C 5 Suggested Answer In court before the judge enters you will hear the clerk of the court say "All rise" and you must stand up. You are sworn in by the clerk. After you have been sworn in you are under oath and you must not lie. If you lie you can be charged with perjury. In the courtroom you must not interrupt the judge and you have to call him "Your Honor". Only the lawyers may approach the bench, where they may talk to the judge off the record from the well, the area right in front of the bench. Book 1 Answer Key 6 A 2 A 7 1 approach the bench 2 evidence 4 perjury 5 removed 6 protocol 3 under oath 8 Suggested Answer A: Your Honor, may I have permission to approach the bench. B: You may. A: Your Honor, I have evidence that this witness worked with my client. B: But he just told us he had never met your client before. A: I know. He's changing his story even though he's under oath. B: Are you accusing the witness of perjury? A: Yes. He should be removed and investigated. B: That's a very serious charge. You must follow protocol to do that. 9 Suggested Answer Complaint Attorney: Mr. Rodriguez What is the accusation? Perjury Is there evidence: Yes If yes, what is it: Records of employment show the witness worked with my client. Required action: Removal and investigation of witness. Unit 11 1 Suggested Answers 1 Yes, I do think that people can commit crimes for good reasons. If someone breaks into a factory that manufactures bombs and damages the machinery, they are guilty of trespass and harm to property, but they committed the offence with the aim of saving innocent lives. 2 For minor crimes such as burglary or harm to property, probation or community service are fair punishments. For major crimes, such as murder, going to jail is a fair punishment. I believe capital punishment is never fair, because it is a crime itself. 2 1 probation 3 jail 2 trespassing 4 murder 3 B 2 B 3 A 4 A 5 B 4 B 2 A 3 C 4 A 5 B Answer Key 9 Book Answer Key 5 Suggested Answer 6 Criminal law punishes those people who commit crimes. For minor crimes, such as trespassing you may get a fine. If a criminal commits the same offence many times they may go to jail. T 2 F 3 T 7 1 probation 3 convicted 4 jail 5 crime 6 offend 2 trespassing 8 Suggested Answer B: Let's talk about the sentencing? My client doesn't deserve to go to jail. Will you recommend probation? A: Why would I do that? B: My client's crime wasn't violent. He was only trespassing. A: I take your point - but he was convicted for theft only last year. B: True. But he was punished for that and he doesn't deserve to go to jail now. A: I'm still going to recommend a short term in jail. I just don't want him to offend again. 9 Suggested AnswerI recommend that the defendant should be put on probation. I feel this way because, in spite of the fact that he has been in trouble before, he is a good man and I do not believe he will offend again. I do not want the defendant to receive a sentence of three months in jail. That sentence would be disproportionate to the nature of the defendant's offense. Unit 12 1 Suggested Answers 1 People take legal action against other people for many reasons. These can include unfair treatment at work, injury to person or property as a result of someone else's conduct, and disputes with neighbors or family members. 2 Courts award money to plaintiffs who win their cases as compensation for the mental, physical or monetary damages they may have suffered as a result of the defendant's action. These damages also act as a deterrent against future misconduct on the part of the defendant. 2 1 C 2 D 3 D 1 0 Answer Key 3 A 2 B 3 E 4 C 5 D 4 1 compensation 2 sue 4 injunction 5 liability 3 punitive damages 5 Suggested Answer 6 The successful applicant will deal mainly with tort law cases. The cases will mainly concern suing for monetary damages as a result of personal injuries. The successful applicant will also be responsible for helping clients file for injunctions and for proving liability and establishing the negligence of defendants. Other cases the candidate may be involved in will concern probate and divorce. T 2 T 3 F 7 1 tort law 3 liability 5 probate 2 injunctions 4 monetary damages 6 afraid 8 Suggested Answer A: Good morning Ms. Adams. Please sit down. B: Thank you. A: Let's get started. Do you have any experience with tort law? B: I do. At my last job, I filed injunctions against companies and initiated lawsuits. A: And were you often able to prove liability and establish negligence? B: Very often. Around 80% of my clients were awarded monetary damages. A: Excellent. Do you have any experience with probate? B: I do, but it's very limited, I'm afraid. 9 Suggested Answer Job title: Civil Law Attorney Candidates name: Ms. Alena Adams Experience in tort law: Extensive, in last job filed injunctions and initiated lawsuits. Experience in probate: Limited, but has some. Unit 13 1 Suggested Answers 1 Government agencies make rules for businesses to prevent them from taking advantage of their customers or abusing the environment in order to make more profit. These rules also make sure that businesses behave fairly towards each other. 2 An attorney can help business owners follow laws by explaining what legislation they need to comply with and helping them complete the relevant paperwork. 2 F 2 T 3 F 3 1 license 3 jeopardize 5 negotiate 2 bureaucracy 4 regulations 4 C 2 C 3 B 4 A 5 C 5 B 2 C 6 1 sit down 4 public health 2 Health Department 5 required 3 compliance 6 restaurant 7 Suggested Answer A: Mr. Evans, please sit down and tell what I can do for you B: Thank you. The issue is that the Health Department wants to shut down my restaurant. A: Why is that? B: The health inspector told me that I'm not in compliance with regulations. A: Did the inspector tell you which regulations you weren't complying with? B: The problem is that I don't have a public health license. A: Okay, I see. All restaurant owners have to have one. But I can definitely help with that. B: That's good news. I need it as quickly as possible to stop them shutting down my restaurant. 8 Suggested Answer Clients name: Mr. Evans Legal problem: Health inspector says his restaurant is not in compliance with health regulations. Details: Needs a public health license. Unit 14 1 Suggested Answers 1 An attorney will start by asking a new client for details about their case. The attorney will try and elicit as many facts about the case as possible. They will also ask the client if they have any documentation to support their claim. 2 An attorney might not take a case if they believe they are very unlikely to win it. They may also refuse cases that could easily be settled outside of court, or those with insufficient basis or evidence for a trial. Attorneys may not take cases that are outside their field of expertise and require a great deal of research. 2 1 T 2 F 3 F Book 1 Answer Key 3 1 beliefs 4 recommend 7 obtain 2 assertion 5 termination 3 documentation 6 wrongful 4 valid 2 elicit 3 factual 5 B 2 C 6 1 cause 4 valid 2 wrongful termination 5 obtain 3 documentation 6 get them 7 Suggested Answer A: So, please tell me what's going on Miss Crane? B: Well, last week, without warning from my boss, I was asked to pack up all my things and leave the office. I even had security guards escort me out. A: I'm sorry you had to go through that. Do you have any idea why your employer took this action? B: Not at all. I thought I was doing a really good job. A: Then, you're obviously interested in filing a lawsuit of wrongful termination of employment against your boss. B: Very much so! I had a pay rise one month before I was let go. It just doesn't make sense. A: Do you have documentation to support your assertions? B: Yes, I have kept everything. A: OK, no need to worry now. What you have told me so far suggests you have a strong claim. Please send me all the documents in your possession. I will review them, and then we can move forward. A statement of facts will be very useful, too. B: Thank you so much for your help. Wonderful. I'll send you the papers tonight. A: You're welcome. 8 Suggested Answer Clients name: Georgina Crane Reason for visit: potential wrongful termination Has documentation: ~/N Said she would send them tonight. If yes, what type: Not sure yet, but may have certificate in pay rise. Recommend accepting case: ~/N Unit 15 1 Suggested Answers 1 A witness can help your case by giving testimony to support it. For example, an eyewitness account. However witnesses who lie, either to support or damage your case, can harm it by making it seem weak. Answer Key 11 2 3 Book Answer Key 2 Friendly witnesses, those who support your case, hostile witnesses, those who don't support your case, eyewitness, those who saw an incident first hand and expert witnesses, who offer expert opinions on matters related to a case. T 2 F 3 T B 2 A 3 D 4 E 5 C 4 1 first hand 3 prejudiced 5 statement 4 credibility 2 qualifications 5 Suggested Answer 6 A reliable witness can really help a court case. Unfortunately, not all witnesses are reliable. If you aren't sure about your witnesses' credibility it could destroy your case. There are 4 main types of witnesses. A friendly witness is one who supports your case, but this could mean that they are biased and they may lie in court to try and support the case. This can make your case seem weak. A hostile witness, one who doesn't support your case, can cause similar problems by making false statements against the case. Eyewitnesses, those who saw events firsthand, may not be credible if they didn't see the event clearly. There can even be problems with expert witnesses, so it is always important to check their credentials. B 2 C 7 1 expert witness 2 happy 4 eyewitness statements 5 accounts 3 qualifications 6 credible 12 Answer Key 8 Suggested Answer A: Thanks for coming in today. The reason I asked you here is because I need an expert witness for a case. B: Well, I'd be happy to help you. A: That's good news. First, I just need to confirm your qualifications. How long have you been in the police force? B: I've been an officer for 19 years. A: Great. My problemis that eyewitness statements say that my client was at the crime scene. B: And he wasn't? A: No. He only looks like the suspect. B: Eyewitness accounts certainly aren't always reliable. 9 Suggested Answer Witnesses's name: Detective Jones Type of witness: Expert Opinion of eyewitness accounts: Not always credible Unit 1 Attorney 1 Hi, Robert. How is that civil case going? Attorney 2 Hey, Janet. It's not going all that well, actually. Attorney 1: Oh? What's wrong? Attorney 2: The defendant's attorney is pretty good. He's making our complaint seem weak. Attorney 1: Well, it's not, is it? Attorney 2: No, the defendant owes my client thousands of dollars. But that's based on a verbal agreement. Attorney 1: I see. So the plaintiff has nothing in writing? Attorney 2: Exactly. I'm worried that the jury will decide against us. Unit 2 Lawyer: Hello, Mr. Williams. I received an offer from Ms. Johnson's lawyer. She's ready to end this dispute. Client: Really? What do we need to do? Lawyer: Well, she's not dropping the lawsuit unless you agree to settle. Client: What is she asking for? Lawyer: She wants you to pay for half of the damages to her car. Client: But I didn't wreck her car! Someone else ran into it. Lawyer: I know. But since you have no proof, I suggest you settle. Client: I don't like it. But I guess you're right. Unit 3 Lawyer: Oh, Mary, you're back. Did the law library have anything to help our case? Paralegal: Yes, there were several similar cases in the legal encyclopedia. Apparently, judges often dismiss cases against young defendants. Lawyer: Okay. Do those defendants have anything in common? Paralegal: According to the case annotations, none of them had any previous convictions. Lawyer: That's perfect. Paralegal: I also gathered primary materials about crimes involving young offenders. Lawyer: Thank you. Can you do me one more favor? Write a summary of the statutes on young defendants. Paralegal: No problem. Unit4 Lawyer 1: So, why is Great Cars Incorporated being sued? Lawyer 2: They didn't follow national legislation on brake testing procedures. Lawyer 1: I see. And a driver got in an accident? Audioscripts Lawyer 2: Right. Now he's suing them for $1 million. Lawyer 1: It sounds tough to beat. Lawyer 2: We have a shot. There's a precedent from a lawsuit against Car Masters. Lawyer 1: I almost took that case. They didn't meet state law requirements for seat belts, right? Lawyer 2: Yes. But a judge dismissed the case when they weren't able to follow the statute. Unit 5 Lawyer: Janine, I've signed the fee agreement and the intake memo for Mr. Hendricks. Paralegal: Thanks. What about the retainer agreement? Lawyer: Oh, sorry, it's probably still in my office. Paralegal: Don't worry, I'll get it. Lawyer: Have you got a copy of the demand package we sent for his medical records? Paralegal: Yes, the records are in his pre-litigation folder. Lawyer: Good. Send that to him too, and don't forget to include the form letter. Paralegal: No problem. Unit 6 Client: So, is my case going to the state courts? Attorney: No, that's not going to happen. Client: Why not? It's a dispute with the state. Attorney: Well, district courts usually have jurisdiction over smaller cases like yours. Client: I see. What do we do if the district court decides against us? Attorney: We ask for the case to be reviewed in the Court of Appeals. Client: And they have to review it, right? Attorney: Yes. There's no discretionary review in appeals courts. That's reserved for the Supreme Court. Unit 7 Lawyer 1: Which court is this case going to? Lawyer 2: Probably to the district court. It has territorial jurisdiction. Lawyer 1: A subject-specific court is able to adjudicate this matter too, right? Lawyer 2: I don't think so. Lawyer 1: Really? I thought jurisdiction was concurrent. Lawyer 2: You're welcome to check. But I don't think any other legal bodies have authority. Lawyer 1: I'll find out. I think we could choose a court more likely to rule in our favor. Lawyer 2: I hope you're right. Answer Key 13 Audioscripts UnitS Attorney: Your Honor, I don't believe that juror four should sit for this trial. Judge: For what reason? Attorney: One of his answers to my questions. He believes that young people are more likely to commit crimes these days. Judge: And you're worried that he will be unfair toward the defendant? Attorney: Yes. My client is only seventeen years old. Judge: The defense has a point. We'll release him. Attorney: Thank you, Your Honor. Judge: We'll continue the proceedings after the clerk of the court calls in another juror. Unit9 Attorney 1: Hello, Fiona Barksdale speaking. Attorney 2: Fiona, it's David. I'm calling about the pre-trial hearing yesterday. How did it go? Attorney 1: It went really well. The judge didn't suppress any evidence. Attorney 2: That's good. I was worried when the defense attorney requested discovery. When is the trial scheduled for? Attorney 1: November. We still have some time to prepare. Attorney 2: Good. I really don't want this to end in a mistrial. Attorney 1: Me neither. In fact, I'd like to handle it myself. Attorney 2: Good. I think you can win it. Unit 10 Attorney: Your Honor, may I have permission to approach the bench? Judge: You may. Attorney: Your Honor, I have evidence that this witness attended college with my client. Judge: But she just said that she doesn't know your client. Attorney: I know. She's changing her story even though she's under oath. Judge: Are you accusing the witness of perjury? Attorney: Yes. She should be removed and investigated. Judge: That's a serious charge. You need to follow protocol to do that. 14 Answer Key Unit 11 Defense Lawyer: Let's talk about the sentencing. My client doesn't deserve to go to jail. Will you recommend probation? Prosecutor: Why would I do that? Defense Lawyer: His crime wasn't violent. He was only trespassing. Prosecutor: But he was convicted of assault and battery two years ago. Defense Lawyer: Yes, but he was punished for that. Prosecutor: I'm still recommending that he go to jail. Defense Lawyer: That seems unnecessary for such a small crime. Prosecutor: I just don't want him to offend again and hurt an innocent person. Unit 12 Interviewer: Good morning, Mr. Raymond. Please sit down. Job Candidate: Thank you. Interviewer: Let's get started. Do you have any experience with tort law? Job Candidate: Yes. At my last job I filed injunctions against companies and initiated lawsuits. Interviewer: Were you often able to prove liability and establish negligence? Job Candidate: Yes, my clients were awarded monetary damages in about 75 percent of my cases. Interviewer: And do you have any experience with probate? Job Candidate: I'm afraid I don't. Sorry. Unit 13 Attorney: Mr. Mclntyre, please sit down and tell me what I can do for you. Client: Thank you. The Health Department wants to shut my restaurant down. Attorney: Why do they want to do that? Client: The health inspector said I'm not in compliance with regulations. Attorney: Did the inspector say which regulations you aren't following? Client: Well, the problem is that I don't have a public health license. Attorney: All restaurant owners are required to have one. I can help you with that. Client: That's great. I need it as soon as possible to keep my restaurant open. 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 interestedin 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. Audioscripts Answer Key 1 5 Answer Key Unit 1 1 Suggested Answers 2 1 Before a trial lawyers exchange: information about witnesses, evidence to be presented at the trial, results of mental and physical examinations, documents relevant to the case (such as financial records or letters) and interrogatories, a list of questions to be answered about the case. 2 The process of exchanging information before a trial is called discovery. Lawyers send the opposing party requests for production, which are demands for documents pertaining to the case, and interrogatories, lists of question about the case. They may also request medical or mental examinations. Lawyers may also wish to interview the opposing party's witnesses before the trial. In this case, interviews with the witness take place with both parties present. Depositions, written transcripts of these interviews, are made for the lawyer's use. F 2 T 3 F 3 1 B 2 C 3 A 4 F 5 D 6 E 4 A 2 C 3 A 4 B 5 A 5 Suggested Answer 6 • I am writing about the Peterson case; I have received the interrogatory from the opposing attorney, Mr. Truesdale, but we are still waiting for the request for admissions. • Mr. Truesdale also requested a physical examination of Mr. Peterson and asked if you could contact him about an out-of-court settlement. • Lastly, I need to know if it is necessary to issue a subpoena because if so, I will request one from the court. ./ 2 ~ 3 ~ 4 ./ 5 ./ 7 1 update you 2 going on 3 discovery documents 4 interrogatory 5 physical examination 6 privileged 8 Suggested Answer B: Good morning, Mr. Sellers. I want to update you on your case. A: Sure. What's happening? 16 Answer Key B: Remember the discovery documents we asked for two weeks ago? We received these yesterday - from the defendant's attorney. A: Great. Did he complete the interrogation as well? B: You mean the interrogatory. Yes, he did. But he also wants you to have a physical examination. A: Can't they just talk to my doctor? B: I'm afraid not. Any information you share with your doctor is privileged. A: Fair enough. So, what do I need for the physical examination? B: Here's the address for the doctor's office. Just show up there at 9 am on Wednesday 5th March. A: And the witness who saw the accident? Is she going to testify? B: She should. The court sent a subpoena to her today ('subpoena' is the legal word for a witness summons). If she refuses to testify, she could be held in contempt of court and face penalties. 9 Suggested Answers What kind on information did the opposing attorney send? Discovery documents. Interrogatory. What has the opposing attorney requested? Physical examination. What happens if the witness ignores the subpoena? Possible contempt of court. Penalties. Dear Mr. Sellers, Here is a quick update on your case. The defendant's attorney has sent us the discovery documents and the interrogatory. They have requested that you go for a physical examination. Please call the Sunny Dale surgery on 389 4939 to arrange an appointment with Dr. Green. Lastly, the witness has been sent a subpoena, which means she will have to testify or she will face charges of contempt of court and perjury. Yours, Lisa Macmillan Paralegal. Unit 2 1 Suggested Answers 1 You can submit a formal statement to a court either by appearing in court and testifying orally under oath, or by submitting an affidavit. An affidavit is the written testimony of a witness, confirmed under oath and signed before a notary. It can be read in court in place of a witness giving oral testimony. 2 A witness can help a case by confirming facts, presenting eyewitness testimony or giving an expert opinion on an issue. 2 A 2 C 3 D 3 A 2 E 3 C 4 B 5 D 4 A 2 A 3 B 4 B 5 B 5 F 2 F 3 T 6 1 coming in 2 signed 4 in court 5 go to trial 3 leave anything out 6 on the stand 7 Suggested Answer A: Thank you for coming in today, Ms. Brook. B: No problem at all. I just hope I can be of some assistance. A: I'm sure you can be. Now, I have your signed affidavit here. Is it complete and correct? B: Yes. I know it's short, but it's everything I saw. A: That's okay. We only need the facts about what you witnessed. You're certain that you haven't omitted anything? B: Yes - it's all there. So, will I have to testify in court, too? A: Probably not. I doubt this case will go to trial. B: Oh, I see. A: But on the off chance that it does, will you be happy to take the stand and attest to this information? B: Yes, of course. Mr. Green loves that piano. A: Your testimony will be very useful in getting it fixed. Thanks again. 8 Suggested Answer What is the witness's relationship to your client? Neighbor. What did the witness see? Four removal men dropping Mr. Green's piano as they lifted it up the steps to his house. The piano hit the ground and two legs broke off. Is the witness willing to testify in court on your client's behalf? Yes. Unit 3 1 Suggested Answers 1 Legal memorandums are usually written by paralegals, law students or lawyers. 2 It is important to keep written records of legal matters so you can keep track of a case. Keeping 2 Book 2 Answer Key written records also means a case can be easily transferred to another lawyer if necessary. In some cases, written documents are also required to be kept by law. F 2 T 3 F 3 1 legal memorandum 2 pertinent 4 conclusion 5 citations 3 assignment 4 1 issues 4 analysis 2 recommendations 3 heading 5 statement of facts 5 Suggested Answer 6 A legal memo is an essay about a legal issue. The first part of the memo is the heading, which includes who the memo is to and from, its date, subject and which office file it refers to. Next comes the information about your assignment, explaining why you sent the memo. Following this is a statement of facts, an analysis of laws pertaining to the case and citations of other similar cases. To end a summary of recommendations for the case is given. T 2 F 3 T 7 1 write a 2 familiar 4 legal team 5 citations 3 read the file 6 in mind 13 Suggested Answer B: Hi, Kelly. Would you write a legal memorandum for me today? A: Yes, I can do it this afternoon. B: It's about the Stone case. Are you familiar with it? A: Yes, I've read the file. B: Good. I would like you to summarize the legal issues to send out to our legal team. A: Do you want me to include an analysis as well? B: Yes. And don't forget to include any citations you find regarding similar cases. A: Do you have any cases in mind? B: Thompson versus Jones is one. Maybe Reynolds versus Johnson too. A: Okay, I'llstart with those. When do you want this to go out? B: Asap. Thanks, Kelly. Answer Key 17 Book ~ Answer Key 9 Suggested Answer What information appears in the heading Who memo is to and from, date, subject, file name and number. Which pertinent cases should the assistant look at for citations Thompson versus Jones, Reynolds versus Johnson When should the memo be sent out Today Dear Kelly, Please can you write me a legal memorandum on the Stone case. Your heading should include who the memorandum is to and from; the date; the subject it is regarding; and the file name and file number. After you have summarized the issues of the case I would like you to provide a brief analysis; in oth~r words, your opinion on the merits of the case and the chances it has of being successful. I believe that Thompson versus Jones and possibly Reynolds versus Johnson, are cases that are relevant to ours. Please could you check this, and include citations for any other cases you feel to be pertinent. This case is quite urgent now, so if you could get this memo out today that would be great. Regards, Monica Unit4 1 Suggested Answers 2 3 4 1 Before a trial commences lawyers submit legal briefs to a court. These briefs specify a party's legal position and give reasons why the court should decide in its favor. 2 The losing party can try to appeal their case with a court of appeals. F 2 T 3 T A 2 B 3 A 1 briefs 4 legal position 2 dismissed 5 unbiased 3 merit brief 6 advocacy group 5 Suggested Answer There are 5 main types of briefs. Legal briefs state a party's legal position and are given to the court before a trial begins. Trial briefs are used by attorneys to help them argue their case after a trial starts. Merit briefs are impartial descriptions of a case based on 18 Answer Key 6 evidence and decide if a case will be heard in court. Amicus briefs are filed by people not directly involved in the case, such as advocacy groups. Lastly, appellate briefs are used in appeals cases and they explain why the previous decision was wrong. T 2 F 3 T 7 1 trial 4 legal briefs 5 officials 2 to prepare 3 important 8 Suggested Answer 6 left to file A: Morning, Gerry. I see the court has given you a trial date. B: Yes, Dave - 7th April. We're working hard to prepare. A: You have a mountain of briefs, too, I see! B: Yes, sorry about that! This is an important case for us. The legal briefs are in the top folder; amicus briefs are in the second. There's a big one from the American Civil Liberties Union - and Lambda Legal. A: Okay, I'll ensure they get to the right officials. B: Great, thanks. A: Have you filed the merit briefs as well? B: Not yet. We have until Friday to file those, so I'm hoping to bring them in before Thursday. A: See you towards the end of the week, then. B: See you then. Thanks again. 9 Suggested Answer What types of briefs have been filed? Legal briefs. Amicus briefs. When is the court date for this case? 7th April. Which advocacy groups have filed amicus briefs? American Civil Liberties Union. Lambda Legal. Unit 5 1 Suggested Answers 1 Lawyers issue motions to request that judges issue a ruling or order on a legal matter. Motions can be helpful in reducing trials to their core disputes. However, they can also be a used tactically by lawyers to get evidence for their case, or to discount the evidence of an opponent. 2 Motions can; ask the court to change the venue of the trial, ask the court to set aside a ruling or jury decision because of an error or exclusion, ask the court to give a witness or party protection, ask the court to make an immediate judgment without a trial, ask the court to demand a specific action from any party involved in the case, ask the court to dismiss an issue as irrelevant to the case, or ask the court to remove all or part of one party's evidence or witnesses testimony. 2 1 motion 3 motion to dismiss 2 proceedings 4 ruling 3 B 2 A 3 A 4 B 2 C 3 A 5 C 2 B 6 1 ruling on 4 grounds 2 motion 5 courthouse 3 to strike the 7 Suggested Answer B: Can you help me to prepare a motion this morning? A: Yes, is it for the Simpson trial? B: Yes. A: We're still waiting for a ruling on our motion for change of venue in that case. B: I expect the judge will issue that ruling today. A: What type of motion are we working on today? B: A motion to strike the testimony of their witness. A: How come? B: She is over eighty years old and has very poor eyesight. There is no way she could have seen what she says she saw. A: I see. I'll draft the motion now and it should be with you in about an hour. B: Many thanks. Could you bring it to the courthouse when it's done. A: No worries. 8 Suggested Answer What kind of motion needs to be prepared? Motion to strike testimony of a witness. What are you waiting for the judge to issue a ruling about? Change of venue. When will the new motion be brought to the courthouse? In about an hour. Book ~ Answer Key Unit 6 1 Suggested Answers 2 1 Accidents that often lead to court settlements include, accidents at work, such as slips, trips and falling accidents, car accidents, dog attacks, industrial disease, medical negligence and holiday accidents. 2 After suffering an injury a person might hire a lawyer to sue the guilty party for damages. These damages compensate for any mental, physical or monetary harm the plaintiff suffered as a result of the injury. D 2 B 3 C 3 1 E 2 D 3 A 4 C 5 F 6 B 4 1 intent I injured party 2 civil litigation I defamation 3 tort action I harm to property 5 B 2 D 6 1 appointment 2 your case 4 want to sue 5 specialize in 6 Tuesday 3 trespassed 7 Suggested Answer A: Good morning: Jetson and Lee. B: Good morning. I'd like to make an appointment to talk to a lawyer about a tort action. A: Okay. Can you tell me about your case? B: A group of local teenagers have damaged my car. A: I see, and was it deliberate? B: Absolutely, I told them off for making too much noise and then they smashed the windows of my car. A: I'm sorry to hear that. So obviously you would like to sue for damages. B: Yes, for harm to property. A: Well, you've come to the right place. These are exactly the kinds of cases that we specialize in. B: I gathered that from your website. A: Okay, then, can you come in to meet Mr. Ponting on Monday at 10? B: That's perfect. I look forward to meeting him then. Answer Key 19 Answer Key 8 Suggested Answer What kind of legal action does he or she want to talk about? Intentional tort What/who caused the harm or injury? A group of local teenagers. What types of damages does he or she want to be reimbursed for? Broken car windows. Notes: A Mrs. Smith called to discuss a potential tort action. A group of teenagers have damaged her car and she believes the act to be deliberate. She wants to sue for harm to property. I have made an appointment with Mr. Ponting for Monday at 10:00am. Unit 7 2 3 4 Suggested Answers 1 All kinds of injuries can result from negligence, including broken bones, fractures and sprains, back and neck injuries, burns, cuts and repetitive strain injuries. These can be caused by poor equipment, faulty machinery or unsafe working conditions. 2 As a result of injury, people may lose income from lost hours of work. They may suffer a great deal of pain and stress. Medical care can be very expensive and people may end up in debt as a result of their injuries. People sue for compensation to help them deal with these problems. T 2 F 3 T 1 harm4 prudence 2 compensation 5 actual cause 3 duty of care 6 breach of duty A 2 A 3 B 4 A 5 Suggested Answer The memo is about a negligent tort case. A woman, Ms. Willus, slipped and fell because of the uneven ground in a shopping centre. Ms. Willus wants compensation for mental and physical injury and the time she was off work. In this case the duty of care falls to the shopping center's owners, who didn't take enough ~are to avoid risk or injury. The attorney dealing with the case has just received witness reports that clearly prove the other party is liable because they did not meet a "reasonable person" standard. 20 Answer Key 6 F 2 T 3 F 7 1 witness reports 4 not met 2 opposing party 5 proximate 3 liability 6 strong case 8 Suggested Answer A: Good morning, Kay. B: Good morning, Mr. Byron. Did you get my memo about the Wilder case? A: I did, thank you. Do you have the witness reports? And the compensation figures? B: Right here. A: Good. Will you copy them for the other side and then bring me the file? B: Sure. I think we have proved liability, don't you. A: I do. It all rests on whether the judge agrees duty of care was breached. B: The proximate cause of her fall was definitely the uneven paving stones on the sidewalk. A: I agree. Have you checked in on Mrs. Wilder? Is she walking again yet? B: Yes, she came off crutches yesterday, and spoke to her on the telephone this morning. A: Good for her. 9 Suggested Answer How was the client injured? Tripped due to uneven paving stones on the sidewalk. What do the witness reports say? Witnesses saw Mrs. Wilder fall after she tripped on uneven paving stones on the sidewalk. Who is at fault for the accidents? Local council. They failed to repair, or mark the uneven sidewalk. To: Mr. Byron From: Kay Fields Date: May 30 RE: Wilder Case: Negligent tort Dear Mr. Byron, I have received the witness reports for the Wilder case. The evidence proves the other party's liability. I am certain that they did not maintain a "reasonable person" standard and have breached their duty of care. The proximate cause of her fall was definitely the uneven sidewalk. I have spoken to Mrs. Wilder and she came off crutches yesterday. Best Kay Fields. UnitS 1 Suggested Answers 1 Neighbors seek legal solutions for disputes if they cannot resolve a problem themselves. This may be because one party refuses to communicate or cooperate with another. Because legal rulings are enforceable, taking legal action against a neighbor also forces them to change their problematic behavior. 2 Excessive noise, gangs in the streets, aggressive pets, litter, abandoned vehicles and traffic are all considered a nuisance in residential neighborhoods. 2 1 nuisance 2 property 3 interferes 4 allegation 3 B 2 A 3 A 4 A 4 C 2 A 3 B 4 B 5 Suggested Answer 6 Ms. Gomes has a problem with her neighbor Ms. Brown. Ms. Brown's dogs cause a lot of noise and wake Ms. Gomes and her other neighbors up early in the morning. They have spoken about the problem before but nothing has changed. Ms. Brown refuses to meet with a mediator so Ms. Gomes may have to take legal action. F 2 T 3 T 7 1 demand 4 is the problem 5 alternative 2 small claims court 3 respond 8 Suggested Answer B: What's the problem? A: I have a neighbor whose dog barks all day and night. It's very difficult to sleep at night because of this. B: Ah, excessive noise. A: Yes, it's such a nuisance. What can I do? B: Well, before you think about taking her to court, you should send her a demand letter. A: I've already sent her a letter asking her to meet me. I really don't want to have to get the police involved. And I would rather avoid the small claims court. B: Okay, one step at a time. So: you say she didn't agree to meet you? A: No, she didn't even reply. Answer Key B: I will draft a letter, coming from our law firm, including a settlement request. A: Okay; and what if she ignores this letter, too? B: Then we take your neighbor to court. 9 Suggested Answer What is creating the nuisance? Neighbor's dog and the neighbor's refusal to communicate. How does it interfere with the neighbor's lives? Excessive noise. Can't sleep at night. What will happen if the recipient does not respond to the letter? The issue will be settled in court. Unit 9 1 Suggested Answers 2 1 Poor quality, old or faulty equipment and ill- maintained buildings or work sites may make a situation unsafe. Inadequate safety information or lack of protective clothing can also be dangerous. 2 A wildlife park keeps their animals enclosed in strong cages. The animals are well looked-after, and the staff are well-trained. However, one day a herd of deer escape and cause damage to local property. Even though they did everything they could to prevent such an escape, the wildlife park is still legally responsible for the damage. F 2 T 3 F 3 1 Hazardous 2 culpability 3 demonstration of fault 4 1 good faith / damage 2 legal responsibility / absolute liability 3 precaution / strict liability 5 Suggested Answer Liability is being legally accountable for something but being liable does not mean that you have intentionally done something wrong. Sometimes, even though you may have taken all the necessary precautions an accident happens that damages someone or something. In these cases, whoever was responsible for what caused the damage is at fault. When culpability can be proved, even if damage was unintentional, the case comes into the category of absolute liability. Answer Key 21 Book 2 Answer Key 6 .! 2 X 3 .! 4 .! 5 X 7 1 in an accident 4 strict liability 5 discuss with 2 every precaution 3 broke her leg 8 Suggested Answer B: You have some questions for our legal team, Mr. Sellers. A: Yes. Questions about my company's liability in an accident. B: Okay, do tell me. I will note them down and a lawyer will get back to you. A: Super. B: So, what happened? A: There was an accident at our work site. I can't see how it happened. I honestly believed we had taken every precaution. No one could call our work site unsafe. B: What was the accident? Was someone hurt? A: Yes, a woman cut her arm badly on one of our industrial machines. B: I see. Sounds like you could have to prepare yourself for a claim of strict liability. A: Oh. So, what is my legal responsibility? B: I'm afraid I can't answer that. You'll need to discuss it with one of our qualified practitioners. He or she will get back to you very soon. A: Okay, then, I'll wait to hear back. 9 Suggested Answer Did the client take precautions to prevent an accident? Believes he did. What happened to the person who had the accident? Woman cut her arm badly on an industrial machine. What information does the client want the lawyers to provide? Details of potential legal responsibility. Specifically, in what way might client have strict liability for the accident. Dear Mr. Gomez, I just had a call from a Mr. Sellers about his company's liability for an accident. He believes his company had taken all the necessary precautions to keep their work site safe and prevent an accident. However, a woman has been injured using an industrial machine. Mr. Sellers needs advice about his legal position in terms of strict liability. Speak to you later, Andrew 22 Answer Key Unit 10 1 Suggested Answers 2 3 4 1 Manufacturers are responsible for a defective product, unless it has been damaged in transit, in which case, suppliers or distributors may be at fault. 2 A consumer might contact a lawyer if they had beeninjured by a dangerous or defective product. They might also contact a lawyer if a product had been marketed incorrectly and its use had resulted in damage to person or property. D 2 B 3 C 1 defective 2 retailers 3 consumer protection laws 4 dangerous 5 safety 6 class action suit A 2 B 3 C 5 Suggested Answer 6 Manufacturers, suppliers and distributors are all responsible for product safety. The consumer must prove the product was defective, or that the product was marketed incorrectly for the defendant to be liable. However if a product is dangerous then strict liability applies. These laws apply in most states in America. T 2 F 3 F 7 1 coming in 4 laptop 5 incident 2 computer stand 3 up to 8 Suggested Answer 6 falls under A: Thank you for coming in today. I understand you were hurt by a manufactured product. B: Yes, a defective dining room chair. A: How was it defective? B: After it had been delivered I sat down on it and it collapsed under me. It was already assembled and I was assured that it was safe. A: I'm sorry to hear that. How were you injured? B: I have a wrist and a back injury. A: Okay. There's little doubt that this potential claim falls under product liability laws. Did you contact the manufacturer? ~ B: Yes, but they haven't responded. A: That doesn't look good. B: I know; that's why I called you. 9 Suggested Answer What product are you writing about? Defective dining room chair. How has it injured your body or damaged your property? Wrist and back injury. Who else have you contacted? Manufacturer/lawyer. Dear Sir/Madam, I am writing to complain about a defective product. I purchased four dining rooms chairs from your website last week. When they were delivered, I sat down on one and it collapsed beneath me. As a result I have a wrist and back injury. I have contacted a lawyer about the issue and will be pursuing legal action unless I hear from you soon. Yours, Ben Wilkes. Unit 11 1 Suggested Answers 2 1 Contracts usually contain: the names of the parties involved, those parties' obligations and responsibilities to each other, how they should perform these duties, payment terms, liabilities, procedure in the case of breach of contract, the dates the contract is valid from and to and the date it was signed and became legally binding 2 An attorney will be able to help you draft a fair, legally binding contract using the correct legal language. Getting an attorney to draft a contract for you can also protect you from costly legal action later on. T 2 F 3 F 3 1 B 2 D 3 E 4 A 5 F 6 C 4 1 A 2 B 3 C 4 B 5 A 6 A 5 Suggested Answer The successful applicant will mainly deal with writing, maintaining and updating legal contracts for manufacturers. They will draft requirements contracts, distribution agreements, agreements of sale and severable contracts. They will also deal with contracts 6 Book 2 Answer Key of employment and bilateral and unilateral contracts. Additionally, the successful candidate will look out for adhesion contracts and breaches of contract and defend the company's clients if they have been wronged. Finally, they will help clients with business loan agreements. T 2 F 3 F 7 1 regarding 2 drawn up 4 requirements contract 5 let her know 3 beforehand 6 free time 8 Suggested Answer B: Hi, Annette. Can I make an appointment to speak with your new attorney? A: Of course. What is this regarding? B: I need to have some contracts drawn up. A: Okay. Are there any details I should give her beforehand? B: One is a requirements contracts for one of our partners. Until now, we've been operating under an implied contract and I'm afraid it won't cover us any longer. A: I'll let her know. B: The second concerns another partner who may be in breach of contract. A: Okay, I'll pass that on too. B: Does she have any free time this week? A: Possibly Thursday, early evening. Can I get back to you on that? B: Certainly. Look forward to hearing from you. Thank you. A: Our pleasure. 9 Suggested Answer What kind of contract does he/she need help with? Requirements contract needs drafting for one of their partners (implied contract up until now). Also, potential breach of contract for another partner. When would she like to meet with the attorney? Said you might be free Thursday, early evening. Hello Tim, Just had a call from one of our clients, Mr. Webb of Alliance Supplies. He needs help to draft a requirements contract. He also has some questions about a potential breach of contract by one of his partners. He'd like to meet this week, I suggested Thursday, early evening. What do you think? Thanks, Annette. Answer Key 23 Book 2 Answer Key Unit 12 1 Suggested Answers 2 3 4 5 6 There are two parts to a contract that make it legally valid. The first is the agreement, or the terms and conditions of the contract, which both parties must agree to. For an agreement to be legal and binding, it must also have some form of consideration. This means that all parties involved must receive something of value. Consideration is usually one party giving a product or service, and the second party giving some form of monetary compensation. 2 Businesses need to rely on contracts because not everyone is reliable. Contracts set out the terms of a partnership clearly to avoid misunderstanding. They also allow businesses to take legal action if the contract is unfairly breached. B 2 C 3 D 1 offer 2 valid 3 appointment 1 exchange 2 object 3 acceptance B 2 C 1 contractual dispute 2 appointment 3 binding 4 5 6 4 5 binding assent review terms consideration 4 valid 5 enforceable 6 come in 7 Suggested Answer A: Hello, Mr. Hicks. How are you doing? B: Hi, Laurie. I'm fine, although I'm having a contractual dispute with a partner company. A: Would you like to make an appointment with Mr Booth? B: Yes, please. I need to make sure the terms of our contract are binding. A: Do you have a valid contract? B: I think so. But I don't know whether it's enforceable. A: Don't worry. Our contracts team will go over it with you. 8 Suggested Answer What is the problem with the contract? Not sure if it is enforceable. 24 Answer Key What is the object (or purpose) of the contract? To create legally binding contractual terms with a partner company. . What does the client want the attorney to determine about the contract? If the terms are binding and enforceable. Unit 13 2 3 4 5 6 Suggested Answers 1 When a person or company does not honor a contract they become liable for the monetary damages that result from their breach of contract. If they refuse to deliver the services or payment designated in the contract, they can be taken to court for breach of contract and sued for damages. 2 In the best case scenario, contract problems are resolved by the two parties discussing the problem and coming to an agreement. However, if this is not possible, many people will try mediation or arbitration to resolve the dispute. The last resort will be to take the issue to court. F 2 T 3 T A 2 B 3 A B 2 C 3 A B 2 C 1 handling 3 defend 5 reached 2 My firm 4 the whole thing 7 Suggested Answer A: Are you handling the case for the new Museum? B: That's right. My firm is working with them. A: Can you tell me if there has there been a breach of contract? B: I can't discuss the details. But we do defend our client's decision. A: They've accused the other side of fraud, right? B: Yes.They have announced that publicly. They are very upset about the whole thing. A: You mean the film was not what they expected? B: No. The filmmaker has misled them from the start. A: I understand. How soon will a resolution be reached? B: Very soon, we hope. A: Are you going to trial? B: We hope not. We're hoping to settle the matter through arbitration. 8 Suggested Answer What do the parties accuse each other of? A filmmaker has accused the museum of breach of contract. The museum has accused the filmmaker of fraud. What is the dispute over? The museum had an agreement to show a documentary film. It now refuses to show the film, claiming it was not what they had expected. How will they resolve the case? Hopefully by arbitration. Jen's Legal Blog: A breach of contract? An interesting case is underway at the moment. It involves a local museum who commissioned a film and then refused to show it. Why? They say the film was not what they expected and have accused the filmmaker of fraud. He has accused them of breach of contract. They are hoping to settle the issue through arbitration. But will the filmmaker accept money or push for his art to be shown? Unit 14 1 Suggested Answers 2 1 2 lawyers/attorneys, paralegals, judges, arbitrators. Conflict of interest, reasonable fees, impartiality, confidentiality, diligence, misconduct, trust, fraudulence. B 2 C 3 D 3 1 F 3 A 5 B 2 D 4 E 6 C 4 1 professional conduct / fraudulent acts 2 impartiality / diligence 3 reasonable fees / transactions 5 C 2 D 6 1 course 4 wrote a paper 5 advocate 2 room 304 3 agenda 7 Suggested Answer B: Which course are you interested in, ma'am? A: The Professional Conduct course. B: That course is in room 304 at 10 am. A: Can you tell me what's on the agenda? B: Hold on, I have the agenda here. Yes, it's about the standard of behavior and client care that is required of lawyers. It also deals with client confidentiality. 2 Answer Key A: Sounds interesting. Will conflict of interest be discussed too? B: Sure will. The professor wrote a paper on it last year. A: Oh yes. I saw it in The Law Journal. B: He's also written about how to advocate for your clients. 8 Suggested Answer What were the important points on the agenda? Professional conduct. Client care. Client confidentiality. Conflict of interest. What has the professor written about? Conflict of interest. Advocating for your clients. Unit 15 Suggested Answers 1 Doctors, nurses, and other medical professionals, psychologists, teachers, social workers and legal professionals. 2 Some information is kept confidential because it is personal and sensitive. If it was public knowledge, it could lead to discrimination, embarrassment, or damage to professional reputation. If personal information is released it can also lead to practical problems with getting loan~, insurance coverage or employment. 2 1 confidential 3 waive 2 effective representation 4 information 3 A 2 B 3 B 4 B 2 C 3 A 5 F 2 T 3 F 6 1 phone calls 4 consent 2 former 5 confidential 3 waive 6 make a deal 7 Suggested Answer A: Were there any phone calls this morning? B: Yes, there was one from Mike Davis. A: Our former client? What was he calling about? B: The prosecutor wants him to waive his attorney- client privilege. A: Is he going to consent to that? B: I don't know. He wants to speak with you about it. A: I'll call him today. Our communication should remain confidential. 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 Unit 1 Attorney: Good morning, Mr. Peterson. I want to update you on your case. Client: Okay. What's going on? Attorney: The defendant's lawyer sent us the discovery documents we asked for. Client: Okay. What about the interrogation? Attorney: You mean the interrogatory? Client: That's it. Attorney: We have it, along with a request for a physical examination. Client: Can't they just talk to my doctor? Attorney: No. Any information you shared with your doctor is privileged. Client: So, what do I need for the physical examination? Attorney: Just show up at the doctor's office on June 3rd, at 9:30 in the morning. Here's the address. Client: And the witness who saw the accident? Is she going to testify? Attorney: The court sent over a subpoena today. She has to testify, unless she wants to get into trouble with the law. Unit 2 Attorney: Thank you for coming in today, Ms. Jackson. Witness: It's no problem. I just hope I can help. Attorney: Great! Now, I have your signed affidavit here. Is this complete and correct? Witness: Yes. I thought I only had to describe what happened briefly. Attorney: That's right. We only need the facts about what you witnessed. I just wanted to make sure that you didn't leave anything out. Witness: Nope, that's it. So, will I have to testify in court about what I saw? Attorney: With any luck, no. Hopefully, we won't have to go to trial with this case. Witness: Oh, I see. Attorney: However, if we do, will you attest to this information on the stand? Witness: Yes, of course. Attorney: Thank you. Your testimony will be very useful. Witness: I just hope that he gets his piano fixed. What a mess! Audioscripts Unit 3 Attorney: Hi, Sue. Would you write a legal memorandum for me today, please? Paralegal: Yes. I can work on that this afternoon. Attorney: It's about the Singh case. Are you familiar with it? Paralegal: Yes. I've read the file. Attorney: Good. Please summarize the issues to send out to our legal team. Paralegal: Sure. Would you like me to include an analysis as well? Attorney: Yes. And any citations you can find from similar cases. Paralegal: Do you have any cases in mind? Attorney: Smith versus Carson, for one. Maybe Palmer versus Lee. Paralegal: I'll start there. When do you want it sent out? Attorney: As soon as possible. Thanks, Sue Paralegal: You're welcome. I'll get right to work on this. Unit4 Official: Good morning, Sam. I see that the court date has been set for your trial. Paralegal: Morning, Pamela. Yes, we're working hard to prepare. Official: This is quite a big stack of briefs. Paralegal: There are quite a few. This is an important case for us. Official: I can tell. Paralegal: There are legal briefs in the top folder. Amicus briefs are in the second folder. Official: Okay. I'll make sure that they get to the right officials. Paralegal: Perfect. Official: Have you filed merit briefs as well? Paralegal: We have a few days left to file them. I'm planning to bring those in on Friday. Official: I'll see you on Friday, then. Paralegal: See you then. Thank you. Answer Key 27 Audioscripts Unit 5 Lawyer: Can you help me to prepare a motion this morning? Assistant: Yes. Is it for the Smith trial? Lawyer: Yes. Assistant: We're still waiting for a ruling on our motion
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