TOLES Foundation – Legal Reading and Writing

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

Spis sekcji:
SECTION 1, SECTION 2, SECTION 3, SECTION 4, SECTION 5, SECTION 6, SECTION 7, SECTION 8, SECTION 9, SECTION 10

SECTION 1
10%

Look at the groups of words below. In each group, three of the words belong to the same subject area and there is one word that does not belong. Put a circle around the word that is the odd one out. Do NOT circle more than one answer for each sentence.

There is an example at the beginning (*). (5 points)

Example(*) A. lease B. rent C. tax D. tenant
(1) A. bank account B. interest C. deposit D. resolution
(2) A. default B. nuisance C. negligence D. defamation
(3) A. director B. lawyer C. shareholder D. secretary
(4) A. established B. wound up C. dissolved D. liquidated
(5) A. non-disclosure B. secrecy C. incorporation D. confidentiality

SECTION 2
20%

Look at the sentences below. Each sentence contains a mistake. The mistake is either an incorrect word or a word that should not be there. Put a circle around the word. Do NOT circle more than one answer for each sentence.

There is an example at the beginning (*). (5 points)

(*) Are there any exceptions of this rule?
(1) Please call me to discuss about this problem.
(2) Please look at clause 4 of the contract, which explains you duties very clearly.
(3) I advice you to consult a solicitor in connection with this matter.
(4) I refer to your email dated on 18 November 2008.
(5) I have your client’s permission in written to publish part of his book on my website.


SECTION 3
30%

Read the following pairs of sentences. For each pair of sentences there are two possibilities, A or B. Decide which sentence uses the correct preposition. Write your answers in the box below.

There is an example at the beginning (*). (5 points)

(*)
(A) You can terminate this contract by giving three weeks’ notice.
(B) You can terminate this contract for giving three weeks’ notice.

(1)
(A) I am a member in the International Association of Law Students.
(B) I am a member of the International Association of Law Students.

(2)
(A) You now have arrears of £4,564.55.
(B) You now have arrears in £4,564.55.

(3)
(A) I will appeal against the decision of the judge.
(B) I will appeal for the decision of the judge.

(4)
(A) For what grounds do you plan to sue my client?
(B) On what grounds do you plan to sue my client?

(5)
(A) Please refer at the definitions section of the contract for the meaning of ‘Product’.
(B) Please refer to the definitions section of the contract for the meaning of ‘Product’.

(*) A (1) (2) (3) (4) (5)

SECTION 4
40%

Look at the article below. Read it and decide if the statements under it are TRUE or FALSE. Write your answers in the box below.

There is an example at the beginning (*). (5 points)

A dispute started in court last week about the ownership of 15 paintings by Mexican–born artist Pablo Sanchez. This argument starts in 2008, more than 40 years after the death of the artist.

A poor Mexican immigrant to the United States in 1925, Sanchez, then aged 30, went to California to look for work. He was unable to find permanent work because he was unskilled. He worked as a waiter, a postman and a coal miner. Then, in 1931, he was arrested for being homeless on the streets of the town of Carmel. Doctors eventually sent him to an institution for the insane, where Pablo began to paint. He completed over 400 paintings before he died in 1970.

Sanchez sent some paintings home to his family in Mexico. The majority he gave to his doctor, Donald Taylor, and to other patients in the institution. Unfortunately, the artist’s family destroyed every painting Pablo sent to them when they discovered that Pablo had a serious, contagious illness. Sanchez was never rich or famous during his life and he never sold a painting. However, his paintings became popular in the 1980s. He is now described by experts as, ‘one of the greatest artists of the twentieth century’.

In early 2008 the family of Dr Taylor tried to sell 15 paintings by Sanchez at Sotheby’s auction house in London. The approximate value of the 15 paintings was $25 million. So what is the legal argument? Lawyers for the Sanchez family claim that, as Sanchez was ‘insane’, he did not have legal capacity to give his paintings as gifts and they therefore belong to the family.

(*) Pablo Sanchez was a native of the United States.
(1) Pablo Sanchez is one of the parties to this dispute.
(2) The police removed Pablo Sanchez from the streets of Carmel, California in 1931.
(3) Doctors thought that Pablo Sanchez suffered from a mental illness.
(4) The family of Pablo Sanchez kept a painting and sold it in the 1980s.
(5) The family of Pablo Sanchez believe that they are the true legal owners of the 15 paintings offered for sale in 2008.

(*) FALSE (1) (2) (3) (4) (5)

SECTION 5
50%

Here is a conversation between a lawyer and his client. The conversation is mixed up. Put the conversation in the correct order. Write your answers in the boxes numbered 1 – 8 below.

There is an example at the beginning (*). (8 points)

(AA) Hello, Mr Wright. Please, take a seat. I’ve looked at the contract that you want to sign with Boost Internet Solutions Limited. It’s a good idea to try to increase the number of people visiting your website. Did you read the contract? Do you have any questions for me before you sign?

(A) Well, that section of the contract tells the parties what certain words mean when they appear in this contract. ‘The Service’, for example, is defined as the work Boost Internet Solutions will do to promote your website. Lots of words are defined in a typical commercial contract.

(B) I understand. For example, a fire? Or a flood?

(C) I have, actually. There are a few words describing different parts of the contract and I don’t really understand them. For example, on the first page, there is a section called ‘the Recitals’. What does that mean?

(D) Yes, that’s correct. Sometimes the conduct of people is the problem. For example, a war, or a strike. But don’t worry about that. A force majeure clause is absolutely normal in a contract of this type. I recommend that you sign this contract as soon as you are ready.

(E) It’s sometimes called an ‘Act of God’ in English. It’s something that happens which prevents the parties from carrying out their obligations.

(F) It’s the name of the part of the contract where the parties give their reasons for entering into the agreement. It’s sometimes called ‘the Preamble’.

(G) Thank you. It’s useful to know the function of this section of the contract. I can check on what each word means if there is any problem in future. I have one more question. What is a ‘force majeure?’

(H) I see. Thank you. So this part of the contract is simply an introduction to the agreement. What about the next section? The ‘defined terms’?

(*) AA (1) (2) (3) (4) (5)

SECTION 6
60%

Look at the phrases at the top of the page. They all belong to an area of law. In the lists below, put each phrase under the correct area of law. Write the letters (A,B,C, etc) in the spaces provided.

There is an example at the beginning (*). (12 points)

Example (*)
(AA) to take out a loan

(A) to provide security
(B) to make a binding offer
(C) to vary the rate of interest
(D) to make regular repayments
(E) to withdraw an offer
(F) to breach the duty of care
(G) to communicate acceptance of terms
(H) to provide consideration
(I) to be negligent
(J) to fall into arrears
(K) to pay damages for a personal injury
(L) to trespass on someone’s land

A loan agreement
(*) …AA……
1. . . . . .
2. . . . . .
3. . . . . .
4. . . . . .
Contract law
5. . . . . .
6. . . . . .
7. . . . . .
8. . . . . .

The law of tort
9. . . . . .
10. . . . . .
11. . . . . .
12. . . . . .


SECTION 7
70%

Look at the list of words. They are all verbs. Put the correct word into the sentences below. Write your answers in the boxes numbered 1-10 below.

There is an example at the beginning (*). (10 points)

(AA) suffer
(A) default
(B) advise

(C) contribute
(D) act
(E) practise

(F) bear
(G) recover
(H) take

(I) adjourn
(J) refund

 

(*) AA If you (*) ………… a civil wrong then the law of tort will compensate you.

(1) I (1) ……… on behalf of Mr Joseph Smith in the matter of the sale of his shares in Compton Brown Limited.

(2) Do you have a licence to (2) ……… law in this country?

(3) We do not have a quorum present and so we will have to (3) ……… this meeting until 12 December 2008.

(4) If you (4) ……… on the loan the bank has the right to take your house.

(5) When the claimant won her case in court she was able to (5) ……… her legal costs from the defendant.

(6) I (6) ……… many English-speaking clients on how to buy real estate in my country.

(7) When you set up the business with Mr Collins in 2005 how much money did each of you (7) ………?

(8) The electrical goods are all defective and you are entitled to ask the supplier to (8) …… the money you sent on 1 November.

(9) The Manufacturer agrees to (9) ……… the costs of transporting the Goods to the Purchaser.

(10) I always get very nervous when I have to (10) ……… a law exam.

(*) AA (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

SECTION 8
80%

Read the text below. It is from a contract. Some of the words or phrases in the text are underlined. The meanings of these words or phrases appear in the box below, but they are not in the same order. Match the underlined words in the text with the correct meanings by writing the letters (A, B, C etc) in the box below.

There is an example at the beginning (*). (10 points)

FROM AN AGREEMENT TO SUPPLY WATER TO COMMERCIAL PREMISES

The terms and conditions of supply are (AA) set by the Company from time to time and provide the basis on which the Company agrees to supply water to the Customer. The detailed terms and conditions of supply are (A) set out below.

The person(s), partnership or company named on the signed application for the supply of water (‘the Customer’) shall be responsible for all (B) charges raised in respect of that supply of water. Where more than one person signs the application then the (C) liability shall be (D) joint and (E) several. Where there is no signed application for the supply of water then the person(s) responsible for the payment of all charges shall be the person(s) identified by the Company as the occupier(s) of the (F) premises. Where the application form is signed in the name of a business which is not a limited liability company, partnership or other recognised legal entity then the (G) signatory on the application form shall be (H) deemed to be the Customer.The Company will not enter into a supply agreement with (I) tenants of furnished premises or tenants on a short-term (J) lease (of three months or less in duration).

(*) AA established
money that you must pay in return for receiving something
a type of rental agreement
considered
people who pay rent to the owner of a building or land in return for the right to live or work there
together, as a group of people
individual
written
legal responsibility
established
the person who signs a document

SECTION 9
90%

Read the text below. There are ten words missing from the text. In the spaces below, give the missing words. The first letter of each word has been provided for you.

There is an example at the beginning (*). (20 points)

THE LAW OF CONTRACT

English law states that a legally (*) ……… contract must have four elements. These elements are intention to create a legal relationship, offer, acceptance and consideration.

A contract is an agreement. The agreement is usually between two people or two businesses. The law describes these two people or businesses as the (1) ……… to the contract. The first element of a contract is that there must be intention on both sides to enter into a legal relationship. In English law, a court refers to previous cases, known as (2) ………, to see who has intention to contract and who does not. It often depends upon the relationship between the people concerned.

The second element of a contract is offer. An offer is a proposal. This proposal is on (3) ……… that are absolutely certain. If there is any uncertainty, then the proposal is not an offer in the eyes of the law. However, it is possible for an offer to end before acceptance. Perhaps for example, too much time passes before acceptance. A court will say that the offer has (4) ………. Another way that an offer can end before acceptance is that the offeree (the person who receives the offer), suggests some change. This results in a (5) …… -offer. The legal effect of this is to cancel the original offer. Another way for an offer to end is for the offeree to say ‘No, thank you’. This refusal means that the offeree clearly (6) ……… the offer and the offer is no longer open to acceptance after that.

The third element of a legally binding contract is acceptance. Case law states that it is the duty of the person accepting the offer to make sure the offeror knows about the acceptance. It is not enough to send acceptance. If the offeror does not actually (7) ……… the acceptance, then there is no contract.

The final element is consideration. English law states that there must be an (8) ……… of consideration to make a legally binding contract. In other words, consideration must travel in both directions. A very formal way to describe this situation is to say that consideration must be (9) ……….. The people concerned in the contract must either gain a (10) ……… or suffer a detriment to make a contract that the law recognises.

(*) binding
(1) p. . . . .
(2) p. . . . .
(3) t. . . . .
(4) l. . . . .
(5) c. . . . .
(6) r. . . . .
(7) r. . . . .

(8) e. . . . .
(9) r. . . . .
(10) b. . . . .

SECTION 10
100%

Read this newspaper article about a case in court and answer the questions that follow. Answer each question using a full sentence. No points are awarded for answers that are not a full sentence.

There is an example at the beginning (*). (20 points)

In September 2008 a case came before a court in Delhi, the capital of India. The claimant was American movie studio Warner Brothers. The defendant was Indian movie company, Mirchi Movies. Warner Brothers filed the case against Mirchi Movies on the grounds of infringement of its intellectual property rights.

What exactly was the infringement? Warner Brothers claimed that a new movie by Mirchi Movies, due to appear in cinemas on 12 September 2008, infringed its rights in the popular Harry Potter franchise. The name of Mirchi Movies’ new production is ‘Hari Puttar’. Hari Puttar is the story of a ten-year old Indian boy who comes to live in England and has lots of adventures saving the world from disaster. Warner Brothers, which owns the legal rights to make movies of the Harry Potter stories by J. K. Rowling, argued that the name Hari Puttar is too similar to Harry Potter. Warner Brothers claim that the name Hari Puttar is confusing for the public and that Mirchi Movies can benefit financially from that confusion.

However, the judge in this case found in favour of the defendant. He said ‘Readers of the J.K. Rowling books are educated people. They know the difference between Potter and Puttar’. The judge also said that ‘Hari’ is a very common name in India and ‘Puttar’ is the Hindi word for ‘son’. Also, the two stories are very different. The conclusion was that there was no violation of the intellectual property rights held by Warner Brothers.

Another important factor in this case was the time at which Warner Brothers filed the lawsuit. The Times newspaper in India reported that Warner Brothers knew the name of the Hari Puttar film in 2005. However, the American studio for some reason waited until the movie was finished before complaining to a court. This had a very negative effect upon Mirchi Movies because it could not advertise the expensive new movie in the months before it came to cinemas.

The decision of the judge means that the movie is now in Indian cinemas. The Chief Executive of Mirchi Movies said, ‘It was a good victory in court. We hope to have victory at the cinema box-office too’.

QUESTIONS

Example (*) In which Indian city did this case come to court?
Answer: This case came to court in Delhi.

(1) Who was the claimant in this case?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Who was the defendant in this case?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) What were the grounds for bringing the case to court?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) What popular franchise does Warner Brothers have rights in?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) When was the new Mirchi Movies production due to appear in cinemas?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Who wrote the Harry Potter stories?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Who won this case?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) What did the judge in this case say about the readers of the Harry Potter stories?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Why did the time of the case have a very negative effect upon Mirchi Movies?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Who says that he hopes the movie will make a lot of money in cinemas?
Answer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sprawdź odpowiedzi