TOLES Advanced – Legal Reading, Writing and Drafting

Dla dogodniejszego przeglądania wygląd graficzny ćwiczeń został nieznacznie zmieniony, treść jest zgodna z oryginałem.

Spis sekcji:
QUESTIONS 1-10, QUESTIONS 11-20, QUESTIONS 21-22, QUESTIONS 23-32, QUESTIONS 33-42, QUESTION 43, QUESTIONS 44-53 QUESTIONS 54-59, QUESTION 60

QUESTIONS 1 – 10
11%

Read the text below on the subject of the law of Intellectual Property and the civil courts. Decide which answer A, B, C or D best fits in each space. Put a circle around the correct answer on the answer sheet. Do NOT mark more than one answer for each question.

There is an example at the beginning (*). (30 points)

THE LAW OF INTELLECTUAL PROPERTY AND THE CIVIL COURTS

The law of Intellectual Property (I.P.) deals with four main areas: designs, trademarks, copyright and patents.

Patents (*) ….. new products and new processes. In order to be granted a patent in the UK, an inventor has to satisfy a government body, known as the Intellectual Property Office, that his or her product or process is (1) ….. new, that it is in some way inventive and that it is capable of being made or used. The current cost of applying for a patent is £30. If the Intellectual Property Office is not convinced that the above criteria have been (2) ….., then the application fails and the £30 is not refunded. However, if the office is satisfied that the product or process for which a patent is sought warrants such protection, then a patent is granted.

How does the granting of a patent protect the inventor of a new product or a new process? In general terms, the patent gives the inventor the right to prevent others from making, selling or importing their product or process without the inventor’s (3) ….. permission. If this right is infringed, and someone, for example, makes a copy of a patented product then the law will provide the person to whom the patent was granted with a (4) ….. .

Imagine that someone has invented a new, revolutionary process for a household appliance such as a television. This person has been granted a patent by the Intellectual Property Office. He then discovers that a rival business has illegally copied his product and is using it in the 5) ….. of televisions without his authority. What can the law do?

The first thing the patent holder, as a claimant in the civil court system in the UK must do is complete a claim form and (6) ….. the claim at the Patents County Court or at the Patents Court, which in the UK is a division of the High Court. (Cases with a lower value are usually (7) ….. in the County Court but the two courts have exactly the same rules and procedures.) The claimant must also provide the court with a document known as a statement of case. In it, the claimant (8) ….. examples of infringing acts. In a typical case, the defendant’s response is a denial of wrong-doing on the basis that the patent is invalid. This is often accompanied by a (9) ….. claim to seek the revocation of the granting of the patent.

A typical case can take a year to reach trial, although more urgent cases can be brought to trial in six months. A losing defendant will be ordered ‘not to infringe’, in other words, to cease all activity connected with the patented products or processes. The defendant in such a situation will also be required to (10) ….. most of the claimant’s costs.

Example(*) A defend B. protect C. shield D. guard
(1) A. genuinely B. frankly C. honestly D. sincerely
(2) A. met B. seen C. given D. made
(3) A. sure B. certain C. express D. precise
(4) A. injunction B. damages C. specific performance D. remedy
(5) A. making B. manufacture C. producing D. ssembly
(6) A. institute B. initiate C. file D. commence
(7) A. heard B. judged C. considered D. processed
(8) A. mentions B. cites C. writes D. quotes
(9) A. contradictory B. responding C. challenging D. counter
(10) A. carry B. bear C. endure D. sustain

QUESTIONS 11 – 20
22%

Read the text below and think of the word which best fits each space. Use only one word in each space. Write your answers on the answer sheet.

There is an example at the beginning (*). (30 points)

THE SUBJECT OF ARREARS

The subject of arrears can arise in several different areas of law when dealing with the affairs of a client.

Generally, when an individual person or a business (*) ….. money to another person or business, we describe this liability as a debt. Arrears, however, are of a different nature to a debt. Arrears can be described as a debt that was (11) ….. to be paid as a contractual, financial obligation on an agreed date, but no payment was made. The payment is therefore overdue and the person who has failed to make the payment can be correctly described as having (12) ….. into arrears.

A contract for the provision of goods or services will include a clause that deals with the subject of arrears and what the procedure will be for dealing with late payments. When drafting such a clause, a lawyer will normally stipulate that interest will (13) ….. on the outstanding amount from the first day that payment was missed. The (14) ….. of interest charged is usually linked to that of a particular bank. It is possible for the arrears to increase very rapidly in this situation, depending on how much interest banks are charging at that particular time.

Another area of law where the question of arrears can arise is land law, otherwise known in the UK as the law of (15) ….. property. When a person rents a commercial or a (16) ….. property such as a house or a flat, he or she is described as a (17) ….. and is contractually obliged to pay rent to the owner of the property, who is usually referred to as the landlord. However, it is quite common for the rent not to be paid on time or perhaps not at all, and we describe this unpaid sum as rent arrears. When the arrears reach a certain level the landlord may well ask for the property to be vacated and can ask the court for an order to (18) ….. the offending person from the property if he or she refuses to do so.

The most common situation in which lawyers need to deal with the question of arrears however, is probably in the field of lending and borrowing money from banks. In early 2008 the financial markets began to suffer from a credit crisis which some analysts say had its origins in arrears on (19) ….. . This is a type of loan taken out by an individual in order to buy a house. When people from the so-called ‘sub-prime’ market were unable to meet their agreed repayments, thousands were deemed to be in default and the USA in particular saw a huge number of home repossessions as the banks (20) ….. on the properties affected. This was the start of the crisis. It may be that 2008 is remembered as the year when arrears became one of the most significant words in the English language.

ANSWER SHEET QUESTIONS 11 – 20

Example (*) owes
(11) ………………………………
(12) ………………………………
(13) ………………………………
(14) ………………………………

(15) ………………………………
(16) ………………………………
(17) ………………………………
(18) ………………………………
(19) ………………………………
(20) ………………………………

QUESTIONS 21 – 22
33%

Read the two extracts below. The origin of the extract is given. Redraft each extract in order to make them more easily understood by the client.

Write your answers on the answer sheet.. (32 points)

REDRAFTING SKILLS

(21) From a counterparts clause

This agreement may be executed in one or more parts by the parties on separate counterpart copies each of which when duly executed by either party shall be an original but all executed counterpart copies shall together when delivered constitute one agreement. This agreement shall not be completed until such time as each party has received counterpart copies validly executed by the other party and the date in the United States upon which both parties receive validly executed copies shall be the date of this agreement.

(22) From a licence

The Owner hereby declares that it is the exclusive legal and beneficial owner of all the rights, title and interest in the Patent and has absolute entitlement to license the patent to the Licensee and further warrants that it has not previously licensed or assigned the Patent or entered into any agreement relating to the Patent or the Technology which may affect its ability to license the Patent to the Licensee pursuant to the provisions of this agreement.

ANSWER SHEET QUESTIONS 21 – 22

(21) ………………………………………………………………
(22) ………………………………………………………………


QUESTIONS 23 – 32
44%

Read the sentences below and think of the word or expression which best fits each space.
There is an example at the beginning (*).

Write your answers on the answer sheet.. (30 points)

Example: The directors of a limited company have a duty to avoid any possible (*)….. of interest, a situation in which concerns in a director’s own private affairs may be given preference over those of the company.

24. The purchase of the shares cannot proceed until some questions raised in the due (24) ….. process have been addressed by the seller.

25. I would like to (25) ….. a business account with the Royal London Bank as soon as possible as I am not satisfied with the services provided by my current bank.

26. The parties agree to the terms and conditions set (26) ….. hereunder.

27. The law of tort is part of the law of obligations and the main head of tort, (27) ….., is grounds for a claim for breach of the duty of care.

28. The law states that an employee is (28) ….. to 52 weeks’ leave from work after the birth of a baby.

29. An (29) ….. clause in a contract protects one of the parties against any financial risks he or she may experience after the contract has been signed, as the other party agrees to cover any costs arising in such a situation.

30. A (30) ….. is a legal device by which one party looks after property on behalf of another, known as a beneficiary, for a certain period of time.

31. The (31) ….. terms section of a contract provides the parties with a precise meaning of certain words in relation to how those words will be understood in that particular agreement.

32. The act of publishing information about someone which is not true and which damages that person’s reputation is known as (32) ….. .

ANSWER SHEET QUESTIONS 23 – 32

Example (*) conflict
(23) ………………………………………………………………
(24) ………………………………………………………………
(25) ………………………………………………………………
(26) ………………………………………………………………

(27) ………………………………………………………………
(28) ………………………………………………………………
(29) ………………………………………………………………
(30) ………………………………………………………………
(31) ………………………………………………………………
(32) ………………………………………………………………

QUESTIONS 33 – 42
55%

Read the following sentences and put a preposition in each space. Write your answers on the answer sheet. Do NOT give more than one answer for each question.

There is an example at the beginning (*). (30 points)

Example: Please call me back (*) ….. my mobile as I’m going to be out of the office all afternoon.

33. The costs incurred in transporting the Goods shall be borne (33) ….. the Seller.

34. In a Limited Liability Partnership (LLP) the partners have limited liability (34) ….. the debts of the business.

35. I was born (35) ….. Rome but I went to the United States to study law.

36. This Agreement will be construed in accordance (36) ….. the laws of England and Wales.

37. In order to terminate a contract on the grounds of breach the injured party must demonstrate that the breach was material (37) ….. nature.

38. Is it possible for my client to pay back the outstanding sum (38) ….. a period of 24 months?

39. I am acting (39) ….. Mrs Pamela Harvey and understand that you are instructed by her husband, Mr David Harvey.

40. The law of tort imposes a duty of care (40) ….. people not to cause harm to others.

41. It is very difficult to say whether or not we will win this case and a lot depends (41) ….. which judge the case comes before on the day of the trial.

42. Please let my client know if you wish to accept this offer (42) ….. 14 days, after which this offer will be withdrawn.

ANSWER SHEET QUESTIONS 33 – 42

Example (*) on
(33) ………………………………………………………………
(34) ………………………………………………………………
(35) ………………………………………………………………
(36) ………………………………………………………………

(37) ………………………………………………………………
(38) ………………………………………………………………
(39) ………………………………………………………………
(40) ………………………………………………………………
(41) ………………………………………………………………
(42) ………………………………………………………………

QUESTION 43
66%

Read the letter below that a solicitor has written. The letter is too informal in style and vocabulary.
Rewrite the letter in a more appropriate way. Do not change the meaning or lose any of the information it contains.

Write your answer on the answer sheet. (60 points)

Simpsons LLP
455 Fleet Street
London
EC4 7BN
20 October 2008
Ref: TOLES 988
Victor Cooper
Flat 335, Block 7
Bangkok 882
Thailand

Dear Victor

I’m the lawyer of Sally Moore and I’ve got some instructions from her about the share that Sally has in the company that you two have together, Tennis Travel and Training Limited. I think I’m right when I write that you and Sally are the only people who have got shares in this company and that you both have got one share each.

In July of this year you told Sally that you were getting married in August and that because your wife is from Thailand you were going to live there. You also talked with Sally about her buying your half of the business. Please be aware that Sally and I both agree that a few weeks is not enough warning to give someone that you are not going to work with the business any more. An accountant from the firm Wilson Smith has just finished doing a valuation of the company, and Sally tells me that the report they wrote has already been sent to you 5 weeks ago by email. But Sally doesn’t know if you have received this report or not because she hasn’t heard anything from you for about 6 weeks. Because she is worried, please tell us very quickly if you have received this report or not.

I have read the report and it is written there that a 50% ownership of the company should be paid for at a level of £120,000. Despite this, Sally won’t give you this amount of money. I am sure you know, a company has the obligation to keep proper records about what happens with both the money coming in and the money going out. It also has the obligation to keep information about tax for six years. Sally told me that your previous wife, Sheila Cooper worked in your office from September 2005 until last year when you got a divorce. The new accountant that Sally has been dealing with says things are not as they should be and she is worried about how Sheila has done things, especially the things that I have mentioned earlier in this paragraph.

Please answer me about these things in the next 7 days or Sally feels she can’t continue to work for this company any more and we might start a legal action to end the company completely.

We are waiting for your answer

Evan Flyte

ANSWER SHEET QUESTION 43

Simpsons LLP
455 Fleet Street
London
EC4 7BN
20 October 2008
Ref: TOLES 988
Victor Cooper
Flat 335, Block 7
Bangkok 882
Thailand

 

 

 

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QUESTIONS 44 – 53
77%

Read the text below. Use the word given in bold type at the end of each line to form a new word that goes into the space in the same line. Write your answer on the answer sheet.

There is an example at the beginning (*). (30 points)

LIABILITY FOR CONSUMER PRODUCTS

A consumer who suffers personal (*) ….. or loss as a result of consuming a product INJURED
such as contaminated food may bring a claim in tort against the (44) ….. or MANUFACTURE
seller of the food. Unlike other tort claims, strict liability (45) ….. to consumer APPLICATION
sproducts. This means that unless the offender can make out a valid (46) ….. he or DEFEND
she will still be accountable for the contaminated product, even if not (47) ….. of AWARENESS
the contamination. The injured party in such cases will be entitled to (48) ….. . COMPENSATE
However, there will also be (49) ….. liability, as a provider of a product such as CONTRACT
food is considered by law to have given an (50) ….. warranty to its customers that IMPLICATION
the food it supplies is safe and (51) ….. . There may be a third area of liability. EAT
Some jurisdictions (52) ….. severe criminal penalties on those responsible for IMPOSITION
selling contaminated food products. This may well be a fine for the (53) ….. entity LAW
involved, or individual punishments for the officers of the company who are held responsible.

 

ANSWER SHEET QUESTIONS 44 – 53

Example (*) injury

(44) ……………………………
(45) ……………………………
(46) ……………………………
(47) ……………………………

(48) ……………………………
(49) ……………………………
(50) ……………………………
(51) ……………………………
(52) ……………………………
(53) ……………………………

QUESTIONS 54 – 59
88%

Read the following telephone conversation between two lawyers, Roger (R) and David (D), who are trainees at different law firms.
Give a short explanation of the meaning of each of the underlined idiomatic expressions. Write your answer on the answer sheet.

There is an example at the beginning (*). (18 points)

(D) Hello mate. I haven’t spoken to you for ages. How are things going at Dickens Green? Are they working you hard?

(R) Hello! I’m surprised you’ve got time to ring! I thought the trainees at your place were (*) snowed under with work from dusk til dawn. The rumour is that you are all permanently (54) burning the midnight oil to earn your (55) fat cat salaries over there in the city!

(D) Ha ha, very funny. Actually, it’s not too bad. I was here until two the other morning finishing some amendments to a share purchase agreement but other than that I’ve left at six most evenings. The partner who’s supervising me is really nice. A lot of the other trainees here say that working an eighteen-hour day is (56) par for the course but I’ve been really lucky. How about you?

(R) Well, I do a completely different type of work from you because Dickens Green is just a High Street Firm. We handle a lot of family law stuff and quite a lot of conveyancing. It wouldn’t be your cup of tea, but I like it. It’s (57) horses for courses, isn’t it? I never had your big time ambitions. I would hate to work somewhere where you can never (58) drop the ball. You are as (59) cool as a cucumber under that type of pressure but I never have been. I’ll stick to a slower pace of life, thank you!

ANSWER SHEET QUESTIONS 54 – 59

Example (*) to have more work than you can cope with

(54) ……………………………
(55) ……………………………

(56) ……………………………
(57) ……………………………
(58) ……………………………
(59) ……………………………

QUESTION 60
100%

You have received the following email. Write your answer on the answer sheet.

(80 points)

To: candidate@TOLES.com
From: confused@need_help.co.uk
Subject: Can you explain?
Attachment: Extract from an agreement to make a loan to a company

Hello

This is something of an emergency. Do you remember that I told you last time we met that Jake and I were going to lend some money to the business to help it through a difficult patch? Well, things have gone ahead much more quickly than I imagined and I’ve been asked to sign a legal document which sets out the basis on which we’ll each lend the company £10 000. The part that I have attached is incomprehensible to me. Would you be kind enough to let me know as quickly as you can what it means, especially the words that I’ve underlined? Thanks for doing this for me. I owe you a very good dinner!

Cheers
Charlie

Attachment

8 Loans
8.1 Each of the Parties will on 1 November 2008 or on such later date as they may agree in writing advance to the Company the sum of £10 000 upon terms that the amount of each advance for the time being outstanding will bear interest at the rate of 2.5% above the base lending rate of Barclays Bank plc such interest to be calculated on a day to day basis and to be payable by yearly instalments on 1 November in each year
8.2 Each advance will be repaid on 1 January 2011 or upon the earlier happening of any of the following events:
8.2.1 the service on the Company of a notice signed by both Parties requesting immediate payment
8.2.2 the passing of a resolution or the making of an order for the winding up of the Company
8.2.3 the appointment of a receiver of all or any of the assets of the Company
8.2.4 the Company committing an act of insolvency or being unable to pay its debts when due
8.2.5 the Company being in arrears for more than 30 days in payment of interest due on any advance made to it pursuant to this agreement
8.3 The Company will be entitled to repay the whole or any part of such advances at any time provided that every repayment shall be divided between the parties rateably according to their respective advances under this agreement for the time being outstanding
8.4 The advances will be unsecured and so long as any part of them is outstanding the Company will not without the written consent of the Parties create or agree to create or suffer to exist any mortgage charge or other encumbrance over any of its assets.
9 Costs and Expenses
Each of the Parties will take such steps as lie within his or her power to procure that the Company reimburses the Parties in respect of all reasonable costs and expenses incurred by them respectively in connection with the preparation of this agreement.

 

ANSWER SHEET QUESTION 60

Reply
To: confused@need_help.co.uk
From: candidate@TOLES.com
Subject: Re: Can you explain?

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