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Published by Express Publishing
Liberty House, Greenham Business Park, Newbury,
Berkshire RG19 6HW
Tel.: (0044) 1635 817 363
Fax: (0044) 1635 817463
e-mail:


© 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.11
Answer Key . . .. .. ... . . . .... . .... . ...... ... . . .. . ....... . . . . . . .... . . .. .. . .... 4
Audioscripts . .. . ....... . . .. . . .. . . .. . ..... . . . .. . .. .... . . ... . .. . . . . .... . ...... 13

~
2
Answer Key . ... . ............ .. ... . .. . ..... .. .... ... .. . . .. . .. . . . . . . . .. . . ... . 16
Audioscripts ...... . . .. . . .......... . ... . . . . .... .. . .... . ........ . . ... ........ 27

f:)
3
Answer Key ... . ...... . ...... ......... . . . . . .... . . . ... . . . ........ . . . ..... . .. . 31
Audioscripts ... . . .. . . . ... ... . .. . .. . . . . . ..... . ........ . . ..... . ... ... .. .. .. . . 44


Boo

Answer Key

Unit 1


9 Suggested Answer
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.

1 Suggested Answers
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.

Unit 2

2 1 plaintiff
2 defendant
3 speak on behalf of their clients

1 Suggested Answers
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.

4 may assist the attorney
5 judge

7 G

4 C

5 F
6 E

2 B

3 A

4

3 1 B
2 A

3 D

4


B

A

5 Suggested Answer

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.

6

D

2

T

2 F

3 T

3


B

2 A

3 B

3 complaint
4 defendant

Answer Key

5 proof

4 legal action

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.

8 Suggested Answer

4


5 B

5 Suggested Answer

5 plaintiff
6 jury

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.

3 trial

4 1 settle
2 appeal

2 D


7 1 civil
2 attorney

4 A

6

A

2 C

7 1 offer
2 lawsuit

3 settle
4 pay for half

5 proof
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.



oot{ .
B: What is he asking for?

form books, are kept in another part of the library.
Most libraries also have computerized databases with
all these resources on them.

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.

Answer Key

6

F

2 T

3 F

7 1 legal encyclopaedias
2 in common
3 case annotations


4 primary materials
5 statutes
6 No problem

8 Suggested Answer
9 Suggested Answer

A: Hi John. Did the law library have anything to help

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
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.


2

B

2 C

3 B

3 1 primary materials
2 form book

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 summary of 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

3 cite
4 digest

4 1 journals
2 computerized database
3 references

5 resources

4 case annotation
5 legal encyclopedia

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,

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


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.

2

T

2 F

3 T

3

A

2 A

3 B

4 A

5 B

4

B


2 B

3 C

4 B

5 A

5

C

2

2 accident
3 tough

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.


2

B

2 B

3 C

3

A

2 D

3 C

4 B

4 1 medical records, police report
2 intake memo, fee agreement

3 correspondence/litigation
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.

Answer Key

Suggested Answers

A

6 1 national legislation


6

Unit 5

5

F

2 T

3 T

6 1 agreement
2

intake
3 retainer

4 demand package
5 litigation
6 form

7 Suggested Answer
A: Janine, did you find the signed copies of the fee

B:

A:
B:


A:
B:

A:

B:

agreement and retainer agreement for Mrs.
Jackson?
Yes, I did. Have you also got her intake memo?
Oh, yes. I guess it's still in my office.
Don't worry, I can get it.
Have you got a copy of the demand package we
sent for her medical records?
Yes It's all in her pre-litigation folder.
Fantastic. Please send her a copy along with the
other documents. Don't forget to include the form
letter.
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


Book
Unit 6

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

1 Suggested Answers

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

Answer Key

2 T

3 F

Unit 7
3 jurisdiction
4 claims

3 1 District
2 state
4 1 Supreme
2 appeals

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.

5 discretionary
3 review
6 specialized
4 bankruptcy

5 Suggested Answer

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.

6

X

7 1 state
2 district

2 .I


3 .I
3 decides
4 reviewed

4 X

5 X
5 review
6 discretionary

8 Suggested Answer

A:
B:
A:
B:
A:
B:

A:
B:

So, will my case go to the state courts?
No, it won't.
But it's a dispute with the state.
Yes, but district courts normally have jurisdiction
over cases like yours.
Okay, I understand. And is it possible to appeal
against a district court's decision?

Yes, we can ask for the decision to be reviewed
in the Court of Appeals.
Are you sure they will review a small case like mine?
They have to. Only the Supreme Court operates
under discretionary review, so don't worry!

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
2 exclusive
3 personal jurisdiction
4 concurrent

5 forum shopping
6 legal bodies
7 subject jurisdiction

5 Suggested Answer


There are three main types of jurisdiction. Firstly there
is personal 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.

6

D

2 C

7 1 territorial
2 adjudicate

3 concurrent
4 welcome

5 legal bodies
6 favor

Answer Key

7


Book

Answer Key


8 Suggested Answer

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.

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.

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 8
1 Suggested Answers
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.


2

F

2 T

3 F

3 1 C
2 E

3 A
4 B

5 F
6 D

4

2 B

3 A

A

Unit 9
1 Suggested Answers
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.

4 B

5 Suggested Answer
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.

6

A

8

Answer Key

B


2 C

3 1 acquitted
2 suppress

3 D
3 plea bargain
4 discovery

4 1 sentenced, charged
2 arraignment, trail
3 mistrial, pre-trial hearing

2 D

7 1 juror
2 reason

2

3 unfair
4 defense

5 proceedings
6 clerk

5

T


2 F

3 T


Book 1 Answer
3 discovery
4 trial

6 1 pre-trial hearing
2 suppress

5 mistrial
6 handle

7 Suggested Answer

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.


6

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.

1 Suggested Answers

2 1 protocols
2 All rise

3 lies

4 addressing

3 1 under oath
2 address

3 approach the bench
4 off the record

4 1 B

2 C

3 B
4 B

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.


5 A
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.

4 perjury
5 removed
6 protocol

8 Suggested Answer

Unit 10

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 A

7 1 approach the bench
2 evidence
3 under oath

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.

A

Key

2 1 probation
2 trespassing

3 jail
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

3


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

6

2 F

7 1 probation
2 trespassing

4 1

convicted

4 jail

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

10

Answer Key

2 D

3 D

5 D

4 injunction
5 liability

compensation

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.

8 Suggested Answer

I 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.

4 C

5 Suggested Answer

6 offend

9 Suggested Answer

3 E

3 punitive damages


5 crime

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.

2 B

2 sue

3 T

3

A

T

6

2 T


7 1 tort law
2 injunctions

3 F
3 liability
5 probate
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 bu siness owners follow laws
by explaining what legislation they need to comply
with and helping them complete the relevant
paperwork.


Book 1 Answer
2

F

2 T

3 F

3 1 license
2 bureaucracy

3 jeopardize
4 regulations

4


C

2 C

3 B

5

B

2 C

6 1 sit down
2 Health Department
3 compliance

4 A

5 negotiate

3 1 beliefs
2 assertion
3 documentation

4

valid

5


B

Key

4 recommend

7 obtain

5 termination
6 wrongful

2 elicit

3 factual

5 C

4 public health

5 required
6 restaurant

2 C

6 1 cause
2 wrongful termination
3 documentation

4 valid


5 obtain
6 get them

7 Suggested Answer
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.

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.

Unit 14
8 Suggested Answer
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

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


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.

2

T

2 F

3 T

3

B

2 A


3 D

4 E

5 C

8 Suggested Answer

A: Thanks for coming in today. The reason I asked

B:
A:

B:

A:
4 1 first hand
2 qualifications

3 prejudiced
4 credibility

5 statement
B:

A:
5 Suggested Answer

B:


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.

6

B

2 C

7 1 expert witness
2 happy
3 qualifications

12

Answer Key

4 eyewitness statements

5 accounts
6 credible

you here is because I need an expert witness for
a case.
Well, I'd be happy to help you.
That's good news. First, I just need to confirm your
qualifications. How long have you been in the
police force?
I've been an officer for 19 years.
Great. My problem is that eyewitness statements
say that my client was at the crime scene.
And he wasn't?
No. He only looks like the suspect.
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


Audioscripts
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?

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

Unit 11

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.

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.

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 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 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 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.


Audioscripts
Unit 14
Attorney: Welcome, Mrs. Smith. Please, tell me what's
going on.
Client: Well, I was fired without cause last week.
Attorney: So, you're interested in a wrongful termination
suit?
Client: Exactly. For years I got great reviews from my
bosses. Then suddenly, I was let go.
Attorney: I see. Do you have documentation to support
that claim?
Client: Yes. Several years' worth, actually.

Attorney: Excellent. I think you have a' valid complaint. As
soon as we obtain those reviews, we'll take the case.
Client: Great. I'll get them right now.
Unit 15
Lawyer: Thanks for coming in, Detective. I'll get to the
point. I need an expert witness.
Detective: I'd be happy to help.
Lawyer: Great. And just to confirm your qualifications,
how long have you been a police officer?
Investigator: I've been on the force for fifteen years.
Lawyer: That's good. Now, eyewitness statements say
that my client was at the scene of a crime.
Investigator: But he wasn't there?
Lawyer: No. He just looks like the suspect.
Investigator: Well, eyewitness accounts aren't always
credible.

Answer Key

15


Answer Key
Unit 1
1 Suggested Answers
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

3 A

5 D

2 C

4 F


6 E

A

2 C

3 A

2

4

4 B

5 A

5 Suggested Answer
•

•

•

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

~

6

./

7 1
2
3
4
5
6

update you
going on
discovery documents
interrogatory
physical examination
privileged


4 ./

B: Good morning, Mr. Sellers. I want to update you
on your case.
A: Sure. What's happening?
Answer Key

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.

5 ./


8 Suggested Answer

16

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.

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.


Book 2 Answer
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

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.

2

6 1 coming in
2 signed
3 leave anything out

4 in court

5 go to trial
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.

Key

F

2 T


3 F

3 1 legal memorandum
2 pertinent
3 assignment

4 conclusion
5 citations

4 1 issues
2 recommendations
3 heading

4 analysis
5 statement of facts

5 Suggested Answer
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.

6


T

2 F

7 1 write a
2 familiar
3 read the file

3 T
4 legal team
5 citations
6 in mind

13 Suggested Answer
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


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'll start with those. When do you want this
to go out?
B: Asap. Thanks, Kelly.

Answer Key

17


Book

~ Answer Key

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.

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


T

6

2 F

3 T

7 1 trial
2 to prepare
3 important

4 legal briefs
5 officials
6 left to file

8 Suggested Answer

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.

Unit4
9 Suggested Answer

1 Suggested Answers
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.

2

F

2 T

3 T

3

A

2 B

3 A


4 1 briefs
2 dismissed
3 merit brief

Unit 5
1 Suggested Answers

4 legal position
5 unbiased
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

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.


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


Book ~
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
2 proceedings

Unit 6
1 Suggested Answers
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.

3 motion to dismiss
4 ruling

3

B

2 A

3 A

4

B

2 C

3 A

5

C

2 B


6 1 ruling on
2 motion
3 to strike the

D

2 B

3 C

3 1 E
2 D

3 A
4 C

5 F
6 B

2
4 grounds

5 courthouse

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.

Answer Key

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
3 trespassed

4 want to sue
5 specialize in
6 Tuesday

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

6

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

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.

2

T

2 F

3 T

3 1 harm

4 prudence

5 actual cause
6 breach of duty

2 compensation

3 duty of care

4

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

F


2 T

3 F

7 1 witness reports
2 opposing party
3 liability

4 not met
5 proximate
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.



Answer Key
UnitS

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.

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

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.

3 interferes
4 allegation

Unit 9

3

B

2 A

3 A

4 A

4

C

2 A

3 B

4 B

1 Suggested Answers


1 Poor quality, old or faulty equipment and illmaintained 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.

5 Suggested Answer

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.

6

F

2 T

3 T


7 1 demand
2 small claims court
3 respond

2
4 is the problem
5 alternative

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.

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 .!

7 1 in an accident
2 every precaution
3 broke her leg

4 .!

5 X

4 strict liability
5 discuss with

Unit 10

1 Suggested Answers
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
been injured 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.

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.

2

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

2 B

3 C

3 1 defective
2 retailers
3 consumer protection laws
4 dangerous

5 safety
6 class action suit
4

A

2 B

3 C

5 Suggested Answer

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.

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.

D

6

T

2 F


3 F

7 1 coming in
2 computer stand
3 up to

4 laptop
5 incident
6 falls under

8 Suggested Answer

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?


Book 2

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.

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


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

2

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

Answer Key

6

T

2 F

3 F

7 1 regarding

2 drawn up
3 beforehand

4 requirements contract
5 let her know
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

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.

1 Suggested Answers

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.

2

B

2 C

2 valid


4 binding
5 assent

3 appointment

6 review

4 1 exchange
2 object

4 terms
5 consideration

3 acceptance
B

2 C

6 1 contractual dispute
2 appointment

3 binding

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

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.

3 D

3 1 offer

5

Unit 13

2

F

2 T

3 T

3

A

2 B

3 A

4


B

2 C

3 A

5

B

2 C

6 1 handling
2 My firm

3 defend
4 the whole thing

5 reached

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.