tiếng anh chuyên nghành luật cho học sinh

~u!qS!lqnd , ssaJdx:{ ~u!qsHqnd ssaJdx3 ~ "O"r - 4l!WS T P!I\BO AelOOO AUUer SUBI\3 B!u!5J!/\ M:t " Published by Express Publishing Liberty House, Greenham Business Park, Newbury, Berkshire RG19 6HW Tel.: (0044) 1635 817 363 Fax: (0044) 1635 817463 e-mail: inquiries@expresspublishing.co.uk http://www.expresspublishing.co.uk © Express Publishing, 2011 Design and Illustration © Express Publishing, 2011 First published 2011 Made in EU All rights reserved No part of this publication may be reproduced , stored in a retrieval system, or transmitted in any form, or by any means, electronic, photocopying, or otherwise, without the prior written permission of the publishers This book is not meant to be changed in any way ISBN 978-0-85777-817-8 Table of Contents f.11 Answer Key Audioscripts 13 ~ Answer Key 16 Audioscripts 27 f:) Answer Key 31 Audioscripts 44 Boo Answer Key Unit 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 Suggested Answers Judge, attorney/lawyer, paralegal, clerk of the court, bailiff 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 plaintiff defendant speak on behalf of their clients Suggested Answers 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 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 may assist the attorney judge G C F E B A B A D B A 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 D T F T B A B complaint defendant Answer Key proof 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 Suggested Answer B Suggested Answer plaintiff 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 some more research? B: Good idea trial settle appeal D civil attorney A A C offer lawsuit settle pay for half proof you're right 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 we 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 F T F legal encyclopaedias in common case annotations primary materials statutes No problem Suggested Answer 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 Suggested Answers 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 Legal professionals need good research skills because they have to find and research laws and past cases relevant to their case B C B primary materials 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 me one more favor? Write a summary of the statutes on young offenders B: No problem, I'll it right away 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 cite digest journals computerized database references resources case annotation legal encyclopedia 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, Suggested Answers 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 Book 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 National laws, or federal laws, are passed by the federal government State laws are passed by states and apply only to the specific state which they were passed in They should not contradict national law States also delegate lawmaking powers to different agencies, counties and cities, which can make local laws about smaller issues such as parking rules T F T A A B A B B B C B A C 2 accident tough 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 In order to work together and trust each other attorneys and their clients need to agree on fees before beginning a case Preparing a case is a lot of work, and running a law firm is expensive Attorneys need to know they will be paid B B C A D C B medical records, police report intake memo, fee agreement correspondence/litigation took that case state law statute 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 $ 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 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 national legislation Unit 5 F T T agreement intake retainer demand package litigation form 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 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 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 not agree with the court's decision, the case goes to an appeals court They have to review it because they not have discretionary review (the ability to choose which cases they will review) Yours Faithfully, T Greer Suggested Answers In the USA there are district courts, state courts, a Court of Appeals and a Supreme Court 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 Answer Key T F Unit jurisdiction claims District state Supreme appeals Suggested Answers 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 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 discretionary review specialized bankruptcy Suggested Answer In the USA there are main types of courts In the state courts disputes with the state are decided Other disputes go to district courts or in some cases to specialized courts, such as tax or bankruptcy courts If you disagree with a verdict your case will go to the Court of Appeals, which reviews decisions from other courts The Supreme Court is also an appeals court, but it has discretionary review, meaning it may choose whether it hears your case or not X state district I I decides reviewed X X review discretionary 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! Personal jurisdiction Jurisdiction over an area Subject jurisdiction Only one court can decide the issue Concurrent jurisdiction B A B territorial jurisdiction exclusive personal jurisdiction concurrent forum shopping legal bodies subject jurisdiction 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 D C territorial adjudicate concurrent welcome legal bodies favor Answer Key Book Answer Key Suggested Answer Suggested Answer A: Your honor, I don't believe that Juror 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 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 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! 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 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 Suggested Answers During a trial the jury, judge, bailiff, the clerk of the court and the attorneys must be present in the courtroom Lawyers can interview jurors and ask specific questions to determine if they will be able to give an unbiased verdict in the trial or will be prejudiced against the case F T F C E A B F D B A A Unit Suggested Answers 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 A jury might not be able to agree on a verdict if there are strong differences of opinion among the jurors This could be because case is very controversial, or the evidence is confusing B 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 jury duty for the trial and help decide on a verdict A Answer Key B C acquitted suppress D plea bargain discovery sentenced, charged arraignment, trail mistrial, pre-trial hearing D juror reason unfair defense proceedings clerk T F T Book Answer discovery trial pre-trial hearing suppress mistrial handle 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 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 your best Looks like we'll lose this one, anyway 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 that 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 Suggested Answers protocols All rise lies addressing under oath address approach the bench off the record B C B B Unit 11 Suggested Answers Yes, I 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 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 A C 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 perjury removed protocol Suggested Answer Unit 10 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 People can find information about court etiquette on the Internet, in libraries and legal books, and from their attorneys A approach the bench evidence under oath 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 probation trespassing jail murder B B A A B B A C A B Answer Key OOL:";' case is referred to a juvenile court which decides whether to try the child in court, or give them a lecture of the record about their offense This depends on how serious the crime is In general, punishments for children are designed to punish the child for what they've done but to also give them a chance to learn from their mistakes They are generally less severe than adult punishments and often involve community service, probation and counseling For more serious offenses, children may have to pay fines and even spend time in prison B 2 B Answer Key A: Oh, no Something like community service seems appropriate B: What you think about probation? A: That could be a good idea What is her family background? B: Both her parents have a criminal records A: They might be partly liable if there was damage to the victims house B: That's your decision I'm sure that we should keep her in the correctional facility for now, though A: Thanks for your help I'll investigate further before I make any decisions Suggested Answer A Report for Justice Hansen juvenile waived expunged off-the-record liable lecture D B A F G E detained C Suggested Answer Children as young as seven can be tried in a juvenile court If a crime is really serious, the judge can waive the juvenile offender to an adult court Common penalties for juvenile crimes include community service, fines and being put on probation T F F jewelry detained juvenile thirteen / 13 off the record community service probation Suggested Answer A: So, tell me about this case B: The girl's name is Leanna Parks She broke into an elderly lady's home, threatened her and stole some money and jewelry A: That's quite serious Is she being detained now? B: Yes, she's in the juvenile correctional facility But this is her first offense A: How old is she? B: She is 13 A: Well, since this is her first offence, maybe we can handle it off the record B: But not without punishment? The juvenile offender, Leanna Parks, broke into an elderly woman's house, threatened her and stole some money and jewelry So, the crime is breaking and entering, and theft This is her first offense She is currently being detained in a juvenile correctional facility A suitable punishment might be community service or probation Bob Gilmore Court officer Unit Suggested Answers Evidence is important because it supports and illustrates the arguments of each party in court For example, if a lawyer accuses a defendant of shooting someone, his claim is strengthened if he has the gun the defendant used as evidence Any objects directly involved with a crime, such as weapons, faulty products or items of clothing, as well as documents such as contracts Evidence to illustrate a witnesses testimony, like maps or pictures 2 serves to make an assertion more or less probable Material Evidence is reliable real evidence Documentary evidence an oral or written assertion F C D G E A B Answer Key 35 Book 4 Answer Key real evidence documentary evidence relevant competent testimonial evidence material demonstrative evidence Suggested Answer Report for Soames case Evidence Real evidence includes the gun Soames used for the bank robbery It is admissible because it was handled properly The only testimonial evidence we have comes from Mrs Gladys Chambers This evidence is not competent because not only does she have terrible eyesight but she wasn't even wearing her glasses at the time she witnessed the robbery As for demonstrative evidence, we have video tapes from the bank's security cameras Suggested Answer There are four types of evidence Real evidence is usually an object that was directly involved in crime, for example a gun or a knife Demonstrative evidence illustrates the testimony of a witness, for example, maps or pictures Documentary evidence is like real evidence, but in the form of a document, such as contracts, wills and letters Lastly, testimonial evidence is an oral or written statement of a person's beliefs about the case A bank robbery documentation demonstrative security cameras material evidence admissible Suggested Answer A: So, let's look again at the evidence for the Soames case B: We should start with the real evidence That is, the gun Soames used for the robbery A: Detective Meeks faxed us the chain of custody for it this morning B: Everything was handled properly, wasn't it? A: Yes There shouldn't be any problem with the gun being accepted as admissible evidence B: Great Do we have any demonstrative evidence? A: Videotapes from the bank's security cameras B: Are they relevant? A: Very The whole robbery was filmed B: Perfect Lastly, what about testimonial evidence? A: Well, there's Mrs Gladys Chambers, but I have some doubts about whether or not her testimony is competent B: Why is that? A: She has terrible eyesight, and she has told us that she wasn't wearing her glasses at the time of the robbery B: Let's strike her off the witness list Answer Key Suggested Answers Blood stains, fibers from clothes, shoeprints, fingerprints, tire tracks, weapons, hairs, skin cells Nowadays DNA is increasingly used as biological evidence C evidence 36 UnitS B A C biological fingerprints preserved class fibers contaminating A B A B B A shoeprints Suggested Answer Physical evidence includes shoeprints, finger prints, tire tracks and fibers from clothes It is usually of nonliving origin A piece of physical evidence is not usually enough to convict someone, because it doesn't prove involvement in a crime However, if several pieces of physical evidence are found together they can help identify the perpetrator Biological evidence includes blood stains and DNA Both types of evidence must be handled carefully to prevent contamination and a secure chain of custody needs to be established X physical shoe print fiber / X bloodstains fingerprints trace / OOK Suggested Answer A: Laura Wolfe here, how can I help you? B: Hi, Laura, it's Martin Weber from the Forensics lab I've got some results from the crime scene A: Oh, good Tell me more B: Starting with the physical evidence, we've got a shoeprint from a size 10 tennis shoe A: Okay, but that doesn't tell us much Was there any more class evidence? B: A few blue cotton fibres, probably from aT-shirt But we're not sure they're definitely from the perpetrator A: What about biological evidence? B: They aren't any fingerprints And we believe all the bloodstains are from the victim A: Thanks for the update, but that's not enough to link the suspect to the crime B: I know But we've not analysed the trace evidence yet We've collected some skin cells from under the victims fingernails We're analysing the DNA as we speak A: Can you phone me as soon as you get the results? B: Of course We hope to have them in a few hours A: Thanks, I'll be here T lay witness Answer Key T hearsay recitation expert witness competency to testify stricken from the record misinterpret meaningful embellishes beyond the scope of expertise C A attacked record testify screaming apartments thumps firsthand knowledge Suggested Answer A: Good afternoon Is that Jean Russell? B: Speaking A: Hello, this is Jenny Fairbank I called you yesterday Report B: Forensic evidence Crime scene evidence consisted of physical evidence, biological evidence and that which still needs to be analyzed Physical evidence We found a shoe print from a size 10 tennis shoe Biological evidence This included bloodstains, seemingly from the victim Evidence yet to be analyzed Trace evidence: skin cells from under the victim's fingernails A: B: A: B: A: B: A: B: Suggested Answers Lay witnesses, including eyewitnesses Expert witnesses A witnesses' testimony may be discounted if it appears that they are lying or have insufficient knowledge of the crime to give sound testimony If the witness is an expert witness, their testimony may be discounted if they not have suitable credentials or lack experience in the field they are testifying about F firsthand Suggested Answer Unit A: B: A: B: A: B: about your neighbor; about the night she was attacked? Oh, yes, that's right How can I help? I have a few more questions I would like to ask you Do you mind if I record our conversation? Of course not By the way, am I going to have to testify in court? It depends If you have firsthand knowledge of what happened, your testimony will be very useful Well, I didn't see him attack her I was watching TV when I heard her start screaming 'Her' is Anna Fields? Yes The walls between the apartments are paper-thin She sounded petrified Did you hear anything else? A couple of loud thumps, I called the police and then I thought I'd check on Anna I opened the door to go into the hallway and saw him run out of Anna's apartment Who did you see? His name is Patrick I don't know his last name Have you ever met him? No, but Anna talked about him That's how I know his name So, you could positively identify him Definitely! Answer Key 37 Book Answer Key Suggested Answer Suggested Answer A: Wow We've had to exclude a lot of evidence from Witness Interview Witness relationship to victim? Jean Russell Neighbor What saw / heard? Heard screaming Then saw Patrick run of Anna's apartment Can witness identify suspect? Yes this trial! B: Yes Nearly 75% of the evidence has been inadmissible A: All of it is circumstantial B: Well, sometimes circumstantial evidence adds up A: Not in this case The jury looked very confused B: At some points, so was I A: What will you do? B: I'm going to meet the attorneys before we continue with the trial tomorrow morning A: I think that's a good move! B: I will simply explain that all evidence needs to have clear and probative value And that if they continue to present inadmissible evidence, I will hold them in contempt of court A: You can that? B: Yes This evidence is wasting time and disrupting the course of justice A: That's a fair point Unit 10 Suggested Answers If evidence seems improbable, unfair, confusing, overly complex, irrelevant to the case, prejudiced or overly emotive, it may not be permitted in court This is because it can confuse or bias the jury Irrelevant evidence wastes court time and costs money It can also confuse the judge and jury, or be designed to cause bias against someone For example, mentioning a defendant's previous convictions when they are irrelevant to the current case is designed to cause bias admissible resolve A B Suggested Answer Memorandum Please would the attorneys meet me in my chambers before the trial commences tomorrow Among other matters that need to be discussed, I should remind you both about the importance of presenting evidence with probative value If you not, I will deem the evidence inadmissible I not want to have to exclude any more evidence in this case Remember: it is quality, not quantity, that matters If either of you fail to comply with this, my order, I will feel compelled to hold you in contempt of court exclude misleading B oppression probative accumulated A probable corroborated emotive Suggested Answer Direct evidence is that which can decide a case immediately, on the condition that it is probable For example, in a murder case, a witness who saw the perpetrator stab the victim gives direct evidence Circumstantial evidence, on the other hand, requires the jury to make a link between the evidence and the proposition Examples are DNA samples and fingerprints Several pieces of circumstantial evidence may be collected together to give a more complete picture of a case Both types of evidence can be excluded for a variety of reasons including if evidence is considered unfair, confusing, emotive or prejudiced F T excluded inadmissible circumstantial adds up 38 Answer Key Unit 11 Suggested Answers People can settle their problems without going to court through mediation and arbitration Mediation and arbitration are quicker and cheaper than going to court In mediation you avoid any legal action and come to an agreement yourselves, which is a more amicable way to settle a problem In arbitration the ruling is legally binding, so it is a fast, inexpensive way to have a legally enforceable decision made F found parts of it get underway with clear, probative value C C B B A B C A ook relief mediation mediator facilitator dispute arbitration settlement Suggested Answer There are two different methods of ADR, mediation and arbitration In mediation the parties reach a decision themselves, with the help of a trained mediator The mediator may make suggestions and give advice but does not make an overall ruling In arbitration, by contrast, an arbitrator (a disinterested, neutral party) is brought in to listen to both parties present their cases After hearing both cases the arbitrator decides on a ruling This ruling is both legally binding and enforceable T F T Dispute building contractors litigation how this works settlement facilitator Suggested Answer A: Hello I'm calling to see if you could help me I'm B: A: B: A: B: A: B: A: B: A: B: having a problem with some building contractors They didn't everything they promised, and their work was very poor I'm sorry to hear that The problem is, I can't afford to go through litigation A friend told me I should call you I'm sure we can help you sort this out Can you give me some more details about what exactly you here? Well, we help you and the other party reach a settlement together I don't think that's possible Someone else will be there to help you There are two ways to it Firstly, there is mediation, which is when a facilitator guides your discussion and gives you suggestions The other option is arbitration, which is when an expert comes in to listen to both parties and make a ruling And is the ruling legally binding? It is It's enforceable by law That's sounds like what I need in this case I agree with you So, let's get started! Answer Key Suggested Answer Dear Mr Sampson, Further to our telephone conversation this morning, I am writing to advise you about Alternative Dispute Resolution (ADR) ADR has the advantage of being cheaper and quicker than litigating through the courts It also has a higher chance of leading to a settlement As you may have gathered from our chat earlier, there are two types of ADR: mediation and arbitration I will briefly set out the differences between the two Mediation Mediation aims at helping the parties to settle The mediator acts as a go-between, never telling one or other party what to but offering guidance as to how they might settle their differences Arbitration Arbitration, on the other hand, is like an informal trial Each side presents its case, then the arbitrator (an expert on the disputed subject who is like a judge) makes a ruling As discussed, you have such a strong claim that there is no point looking to settle via mediation You will also want any ruling to be legally binding I therefore recommend arbitration as the best way of winning your dispute Please call me when you have had a chance to consider this email in its entirety Kind regards, Olivia Hicks Unit 12 Suggested Answers Using arbitration is helpful when you cannot afford to go through court but have a strong complaint against another party It is particularly helpful if you need a legal ruling to force the other party to take action Businesses may put an arbitration clause in their contract to protect their company from lengthy and expensive court battles A business may also work with a specific arbitration forum This forum could be more likely to rule in the businesses favor to ensure their repeated custom For businesses this makes arbitration a much safer and more effective option than being taken to court Answer Key 39 ~ F T F C A B mandatory waive overturned Answer Key D erroneous B: Actually, with arbitration, appeal is very difficult And your contract states the arbitrator's decisions are legally binding A: This is terrible B: It's OK You have a strong case We'll get you the money they owe you E specify prohibitive limited Suggested Answer Suggested Answer Dear Mr Sanchez, We have reviewed the papers you emailed to our firm yesterday We understand your desire to take the case to court - you have a good claim - but, on a closer examination of your contract, we see that it includes a mandatory arbitration clause This means that, in the event of a dispute, the matter must be resolved via arbitration (it cannot be dealt with in court) This, ultimately, could play to your advantage Arbitrations are generally quicker and cheaper than full-scale litigation There are some disadvantages I should warn you of Firstly, the company gets to choose an arbitrator, so they may choose someone who they think will rule in their favor Besides potentially biased arbitrators, there are also limited avenues for appeal if the arbitration goes against you You shouldn't concern yourself with this now I say this merely by way of warning With the facts of the case weighing in your favor, you can embark upon your arbitration with confidence We shall need to meet soon Perhaps you could come and meet me in my office next Monday? Yours sincerely, Jack Brown You should always read a contract carefully before you sign it in case it contains a mandatory arbitration clause This clause means that any legal disputes you may have with the company will have to be settled through arbitration This often works in favor of the company, who choose the arbitration forum The forum may rule in the company's favor to ensure repeat business It is also very difficult to appeal the decision of an arbitrator When reading the contract check whether the arbitration clause specifies who pays the attorney and court fees, if the arbitrator's decision is legally binding and where the arbitration takes place Otherwise you could find yourself in a very unfair situation with little room to maneuver / X contract arbitration specifies X X quicker incentive erroneous / limited Suggested Answer A: Hello Mr Burns, I'm Mr Chomsky B: Please sit down Mr Chomsky So, what is the problem? A: A company I supply to hasn't been paying me I want to take them to court B: Can I see your contract? A: Of course, here you are B: I'm afraid you can't take them to court Your contract contains a mandatory arbitration clause This says that, in case of a dispute, it must be settled through arbitration A: Is that going to cause me problems? B: Not necessarily Arbitration is positive because it's usually much quicker than going to court A: Okay But B: Well, the company chooses the arbitrators, so they may choose people who will rule in their favor It's in the interest of the arbitrators to keep big companies as clients, you see A: But I can appeal if the ruling is unfair, can't I? 40 Answer Key Unit 13 Suggested Answers A good mediator should be calm, patient, confident, creative, reasonable, open-minded, and have good interpersonal and communicative skills The two parties may be closed-minded and refuse to compromise or consider different options There could also be problems with the parties arguing and refusing to cooperate B B D A B B trust open mind C momentum voice of reason Answer Key Suggested Answer Mediation is when the two parties involved in a dispute meet to try and solve their problem through discussion The aim is to come to a mutual agreement, fair to both parties A neutral mediator is present to help both parties cooperate, give suggestions and act as the voice of reason Mediation is an effective way to solve a problem because it's cheaper and quicker than litigation However, for mediation to be successful, both parties must keep open minds and be willing to consider lots of different solutions F mediator child custody details mediation T T to reach a settlement It is important to remember that there are two sides to every story, and each party must, at least for a while, try, to see things from other party's perspective Having a peaceful and open mind will help both sides reach a solution What will the mediator be doing during the mediation? Keeping the process of negotiation on track and maintaining momentum Helping the two sides cooperate Acting as the 'voice of reason', and coming up with different ways to solve the dispute Unit 14 process right fair solution Suggested Answer A: Hi I'm Marissa I'll be your mediator today B: Hello I'm Jeanne I'm afraid my ex-husband isn't here yet A: You're aim is to agree about property division, isn't it? B: Yes, Jack wants to keep A: Hang on I'd prefer not to talk about the case until Jack arrives, too B: Sorry I've never tried mediation before Can you give me some details about the process while we're waiting? A: Of course So, as your mediator, I'm here to keep things on track and help you and Jack reach a fair solution One that you can both be happy with B: So you don't decide who's right or wrong A: No You that together B: I'm not sure we can that We don't usually agree on anything A: Well, one of the most important things is to keep an open mind, if not, nothing can happen! Anyway, my role is to help you cooperate B: That's good! Suggested Answer How should the parties behave during the mediation? Be relaxed Leave behind any feelings of hostility Aim to be cooperative Why is it important to have an open mind? A narrow mind (or blinkered view or an all-or-nothing approach) defeats the object of mediation, which is Suggested Answers If there is a disagreement between two countries they will often try and settle it with the help of intemational organizations, like the League of Arab States or the African Union, who try to facilitate a peaceful, fair solution There are also International Courts, such as the United Nation's International Court of Justice where disputes can be heard International law is developed and agreed upon by those that make up the international system, but not every nation state is a member or has a part in the process The United Nations (UN) is probably the most well recognized of all international institutions customary law conventional law supranational law B F Public international law Private international law E A D C derive, supersede pool, override genocide, slavery treaty, entity Suggested Answer There are distinct disciplines of international law: Public international law: deals with the relationship between international entities, such as corporations or states It includes maritime, international humanitarian and criminal law Private international law: decides under which jurisdiction a case should be heard Supranational law: when states who are a members of a community pool their authority, a supranational body can enforce laws against any of the member states Answer Key 41 Answer Key There are main sources of international law: Customary law: derived from customs e.g the rules governing war crimes or slavery Conventional law: derived from international agreements and treaties T T Unit 15 Suggested Answers The United Nations is an international organization which aims to maintain international peace, develop friendly relations among nations, promote social progress, and improve living standards and human rights around the world In pursuit of these aims it is involved in various peacekeeping and humanitarian missions There needs to be a neutral platform where international disputes can be heard A court affiliated to any country, or organization could be biased towards one party F private international law dispute customary law derives slavery conventional law Suggested Answer A: I find this international law really difficult B: Can I help you with something? A: Yes, please! I'm very confused about the difference between public and private international law B: It's not so hard Basically, public international law governs the conduct of multinational companies, intergovernmental organizations and individuals involved in international affairs A: I see But what about private international law? Doesn't that involve private companies too? B: No It concerns which legal system and which jurisdiction applies to a dispute A: I think I'm with you Could you also explain the difference between customary and conventional law? B: They're both sources of the rules of international law A: And how are they different? B: Customary law derives from the customs of states over the years A: Oh, like ideas about what is a war crime or not B: Exactly Whereas conventional law derives from treaties and international agreements, as well as the practices of international organizations A: Great I understand it much better now Thanks so much B: No problem Suggested Answer Public international law governs the behavior of intergovernmental organizations, multinational companies and individuals who are involved in international affairs Private international law is the body of law that decides which legal system and which jurisdiction applies to a dispute International laws come from customary law and conventional law 42 Answer Key F T convene recourse 4 F ad hoc decisive terms perspective elected submit Developing countries chambers contentious votes nominated Suggested Answer The International Court of Justice is part of the United Nations It is located in The Hague in the Netherlands and its job is to settle disputes between memb~r states It is composed of 15 judges who keep their positions for years but may be re-elected twice Decisions are made by majority vote but a president has a decisive vote Ad hoc judges can be elected to sit in on contentious cases to give a local perspective The full court does not convene very often However, small chambers of 3-5 judges hear cases on a more regular basis C A submitted bench elected ad hoc contentious vote Suggested Answer A: Good morning, Justice Sanders Thank you for coming in today B: You're welcome A: I think you are aware that our government has submitted a case to the International Court of Justice It concerns the pollution of our rivers by countries upstream Answer Key B: Yes, I had heard about it A: Well, we wanted to ask if you would sit on the bench during the proceedings B: I thought judges had to be elected to the ICJ? A: Usually yes, but in contentious cases like ours we may nominate our own judge on an ad hoc basis It allows us to present our own perspective to the court B: I see And will I be able to vote? A: Yes Although the opposition will almost certainly elect their own judges too, so it might not make much difference to our case B: When does the court convene? A: Not for some months yet B: Well, I'll need as much notice as possible so I can have my cases taken over while I'm gone A: Of course As soon as we have the date, we'll call you B: Then I'm happy to it Suggested Answer The Honourable Mrs June Sanders Judge of the International Court of Justice Dear Judge Sanders, I have a case that is being referred by our government to the International Court of Justice It concerns pollution of our rivers by countries upstream I should be very grateful if you would consider sitting on the bench during the proceedings You may wonder how it is that a judge is allowed to sit on the ICJ without being elected The law states that in contentious cases parties may choose a judge ad hoc to sit in on their case This allows these parties to present their own perspective You will, of course, have the chance to vote, although the opposition will undoubtedly also elect their own judges, so your vote might not count for much Nevertheless, your services would be hugely appreciated I very much look forward to receiving your reply Yours sincerely, Benjamin Sutton Answer Key 43 Audioscripts Unit Lawyer: Okay, let's talk about the jobs that we need to accomplish today Assistant: Sure Lawyer: There are a number of crucial jobs that need to be done First, the entry of appearance for Herman Bentley needs to be filed Assistant: I can that easily enough Lawyer: Please don't forget The deadline is today Assistant: I'm putting it at the top of my to-do list Lawyer: And I have got to some work for the Adams case I've been procrastinating for days Assistant: That's not good Lawyer: I tried to work on it yesterday, but there was just too much going on Assistant: There's a whole staff of secretaries and assistants in this firm You need to delegate more work to them Lawyer: I know, I know It's just that everything seems so Important and I get nervous Assistant: Because you're afraid it won't get done correctly? Lawyer: Exactly Assistant: But I'm sure they're all able to handle filing papers and making phone calls Lawyer: You're right Maybe I'll ask Sharon if she can help me out today with some of the papers Assistant: I'm sure she'd be happy to give you a hand Unit Secretary: Charles, you have a minute? Lawyer: Sure Secretary: I'm updating the master calendar Do you have any appointments that I need to add? Lawyer: Oh, yes There's probably several of them Here, why don't you have a look at my planner? Secretary: All right And I've just added some information to the wall calendar from the tickler file Some of those deadlines might apply to you, so you should check Lawyer: Okay, I'll take a look at it later Secretary: You know we really ought to get a better calendar system than this There's really good software nowadays Lawyer: I guess I'm old-fashioned I don't like computerbased calendars Secretary: But they're so useful! It's easy to track people's schedules, plan meetings and avoid conflicts and you only have to enter the information once Lawyer: Once, huh? Secretary: Yes Some programs will even automatically remind you about upcoming deadlines 44 Answer Key Lawyer: Ah, so you won't need to keep the tickler file anymore! Secretary: Well, no I wouldn't Lawyer: Okay, Karen I'll look into it Secretary: Thanks, I appreciate it Unit Employee: I've signed my contract and those other forms Secretary: Great Now I just need you to sign this document retention policy Employee: What's that? Secretary: It's a form which outlines how long we have to retain all the company records Employee: Really? I never realized such documents existed Secretary: Oh, they're very important, especially in a law firm Everything has to be cataloged and kept Nothing can be destroyed until the specified time is up Employee: How long is the time period? Secretary: Most documents are kept for six years, but some things, like meeting minutes, are kept in perpetuity Employee: In perpetuity? You mean, forever? Secretary: Yes Employee: Wow! At least things are computerized now We can keep electronic copies of everything Secretary: It isn't that easy We have to keep most things as a hard copy Employee: What happens if we don't comply? Secretary: Oh, failure to comply can lead to all sorts of problems Fines, penalties, even trouble with the law Employee: Well, I'd better agree to it then I'll sign it now Secretary: Wonderful, thanks Unit4 Paralegal: Hello, Rickard and Partridge Margaret Woodford speaking Can I help you? Client: Hello, it's James Hamilton here I received a letter from you this morning about your billing procedures Paralegal: Oh yes, of course Client: Could tell me what the hourly rate is for Mr Rickard's services, please? Paralegal: Tony Rickard? The senior partner? His fee would be considerably higher than the one we quoted for you Client: Yes, I realize that, but I think his expertise would be beneficial in this case Paralegal: Well, let me see His hourly rate is $650, and he would require a retainer fee of $1,000 Audioscripts Client: Will the retainer fee be refunded? Paralegal: Only if it isn't used up in the duration of the case Client: And would I keep all the recovery if I took that option? Paralegal: Yes, you would Client: Okay And is there an option with a contingency fee? Paralegal: I would have to speak to Mr Rickard about that Client: I'd be grateful if you could that for me Paralegal: Certainly I'll speak to him this afternoon and call you later Client: Thanks very much Unit Assistant: Hi, Patrick You look stressed out Is something wrong? Attorney: Well, Helen left me the file on the Ingman case, but there are a few important things missing from it Assistant: Really? Hmm they're probably in her office Attorney: Do you mind helping me look for them? Assistant: No problem What's missing? Attorney: Well, I've got the details of the warrant, but I don't have anything on the withholding of bail Assistant: Okay I think this is it, isn't it? Attorney: That looks like it Next, I need the details of the arraignment Assistant: Oh, that's right here on top of this pile of papers Attorney: Let's see I've got the documents about the plea bargain oh, she prepared some work for the pre-trial motions If you could find that, it'd save me a lot of time Assistant: That's not it no here it is! Attorney: Wendy, you're a lifesaver! Assistant: Is that everything you need? Attorney: I think so I really appreciate your help Assistant: You're welcome I helped Helen some work on the Ingman case before she left If you need a hand, let me know Attorney: I might take you up on that offer Thanks Unit Judge: So, tell me about this case Officer: The girl's name is Leanna Parks She broke into an elderly woman's house, threatened her, and stole some money and jewelry Judge: That's pretty serious Is she being detained now? Officer: Yes, she is She's in the juvenile correctional facil ity But this is her first offense Judge: How old is she? Officer: She's thirteen Judge: We might be able to handle it off the record, since this is her first offense Officer: But surely not without punishment? Judge: Oh no We could give her some community service Officer: What about probation? Judge: Yes, it might be an idea What's her family background? Officer: Both of her parents have a criminal record Judge: Well they might be partly liable too, if there was any damage done to the victim's house Officer: Well, that's your decision, but certainly I think we should keep her in the correctional facility for the time being Judge: Well, thank you for your input I'll look into the case further before I make a decision Officer: You're welcome Unit Lawyer 1: Let's go over the evidence we have for the Soames case Lawyer 2: Okay, good idea I guess we ought to start with the real evidence; the gun Soames used for the bank robbery Lawyer 1: I spoke to Detective Meeks this morning He faxed me the documentation showing the chain of custody Lawyer 2: Everything was handled properly, right? Lawyer 1: Yes, there is no reason why the pistol shouldn't be admissible as evidence Lawyer 2: Good Is there any demonstrative evidence for the case? Lawyer 1: Yes We have the videotapes from the bank's security cameras Lawyer 2: I assume they're relevant? Lawyer 1: Absolutely The entire robbery was caught on video Lawyer 2: Really? You can't beat that for material evidence What's next? Lawyer 1: Testimonial evidence First there's a Mrs Gladys Chambers but I don't think her testimony is competent Lawyer 2: What's the problem? Lawyer 1: She has terrible eyesight Lawyer 2: Well, that's not a problem unless Lawyer 1: Mrs Chambers admitted she wasn't wearing her glasses at the time of the robbery Lawyer 2: I guess we'll strike her off the list of witnesses, then Answer Key 45 Audioscripts Unit Lawyer: Hello, Mary Ellis speaking Expert: Hi, It's Mike Turnbull from the forensics lab I've got some results from the crime scene Lawyer: Oh, great, what did you find? Expert: Well, I'll start with physical evidence We've got a shoe print from a size 10 tennis shoe Lawyer: Was there any other class evidence? The shoe print by itself isn't that helpful Expert: We've got a red cotton fiber, probably from a sweatshirt But it isn't clear whether it comes from our perpetrator or someone else who was in the area that day Lawyer: Okay Any fingerprints? Bloodstains? Expert: There are no fingerprints Our perpetrator must have been wearing gloves All the bloodstains seem to come from our victim Lawyer: I appreciate your help, but unfortunately that's not enough to connect the suspect to the crime Expert: I know, but we've still got some trace evidence to examine Lawyer: Really? Expert: Yes, we've collected some skin cells from under the victim's fingernails We're analyzing the DNA at the moment Lawyer: Will you please phone me once the results come in? Expert: Of course We should have them by the end of the day Lawyer: Okay, I'll be here until 5:00 this evening Expert: I'll my best to call you before five, then Unit9 Paralegal: Good afternoon, Mr Aguilar My name is Miriam Bellwether Witness: You called me yesterday You're here to ask me what I know about the night Liza was attacked Paralegal: Yes, that's right Do you mind if I record our conversation? Witness: Um no, I guess not Am I going to have to testify in court? Paralegal: Well, that depends If you have firsthand knowledge of what happened, your testimony will be very meaningful to the case Witness: I didn't see him attack her I was watching TV when I heard her start screaming Paralegal: 'Her' would be Ms Liza Mellow? Witness: Yes The walls between the apartments aren't very thick She sounded very scared Paralegal: Did you hear anything else? 46 Answer Key Witness: A couple of loud thumps I called the police and then I thought I'd check on Liza I opened my door to I go into the hallway and that's when I saw him run out of Liza's apartment Paralegal: Who did you see? Witness: His name is Eddie I don't know his last name Paralegal: Have you ever met him? Witness: No, but Liza talked about him That's how I know his name And I'd see them around together Paralegal: So, you could positively identify him? Witness: Yes Unit 10 Judge: I don't think I've ever excluded so much evidence in all my years on the bench! Clerk: Nearly three-quarters of that stuff was inadmissible Judge: Well, the attorneys are trying to win their cases Although they seem to think that whoever has the most evidence is going to win Clerk: All of it is circumstantial Judge: Well, circumstantial evidence often adds up Clerk: But not in this case The jury members looked so confused Judge: I know Even I found parts of it confusing Clerk: What are you going to do? Judge: I'm going to meet with the attorneys before we get underway with the trial tomorrow Clerk: That's probably a good idea Judge: I'm going to tell them that from now on, any evidence they present needs to have clear, probative value Clerk: And if they still it? Judge: Then I'll hold them in contempt of court Clerk: Can you that? Judge: As far as I'm concerned, they're disrupting the course of justice That's a valid reason Clerk: Can't argue with you on that Unit 11 ADR worker: Good morning, King and Webb Alternative Dispute Resolution Businessman: I was wondering if you can help me I've been having problems with some building contractors They didn't deliver what was promised and the work was poor ADR worker: I'm sorry to hear that Businessman: I can't afford to go through litigation, and courts take such a long time A colleague suggested I call you Audioscripts ADR worker: We can definitely help you out Businessman: I'm not exactly sure how this works, though ADR worker: Well, basically, you and the other party will sit down together and try to agree on a settlement Businessman: Hmm I don't know if we could ADR worker: Oh, you don't have to it yourselves! Someone else will be there to help There are two ways to it Businessman: What are they? ADR worker: In the first case, mediation, a facilitator will guide the discussion and give suggestions In the second case, arbitration, we bring in an expert who will make a ruling Businessman: Will that ruling be legally binding? ADR worker: Yes it is It's enforceable by law Businessman: That sounds like a better option than the first one ADR worker: Well, in your situation, I also think arbitration would work best Businessman: Okay So tell me how to get this process started Unit 12 Lawyer: So, what's the problem, Ms Hunt? Client: This company hasn't paid me for supplying them with materials I want to take them to court Lawyer: I see Do you have your contract? Client: Yes it's here Lawyer: Well, you can't take them to court There's a mandatory arbitration clause in this contract Client: A what clause? Lawyer: Here, in the small print It specifies that if there is a dispute, it must be resolved through arbitration Client: Oh Is that bad? Lawyer: Yes and no It's good because it's generally quicker than going to court Client: But? Lawyer: But the company chooses the arbitrators, so it's possible the arbitrators will have an incentive to rule in the company's favor Repeat business, you see Client: But we can appeal if there's an erroneous ruling, right? Lawyer: Well, that's the other problem There are limited avenues for appeal in arbitration Especially because your contract states that any decisions will be legally binding Client: I can't believe this! Lawyer: Don't worry We'll figure it out and get you the money they owe you Cl ient: Okay But in the future, I'll make sure I read 'any contracts carefully before signing them! Unit 13 Mediator: Hi, I'm Janet I'll be your mediator today Man: My name is Greg My ex-wife isn't here yet Mediator: You're trying to agree on child custody, is that right? Man: Yes Candace wants me to Mediator: Oh, wait I'd prefer not to hear the details of the problem until Candace? arrives Man: Sorry I've never done mediation before Mediator: Well, I'd be happy to answer any questions for you about the process while we're waiting Man: Oh, okay Um so you decide who's right and who's wrong? Mediator: No, I actually don't decide anything That's up to you and Candace I just help keep things on track so you can reach a fair solution you're both happy with Man: I don't think that's going to happen Mediator: You need to keep an open mind otherwise it won't happen for sure Man: You're right it's just Candace and I don't cooperate well together Mediator: I'll my best to help you two out with that while you're in the mediation Man: It's a good thing you're here, then Mediator: I'm not going to be doing a whole lot You and Candace will be doing most of the work Man: Oh, I think I just saw her car pull into the parking lot Unit 14 Student 1: I find this international law really hard to understand Student 2: Do you want some help? Student 1: Please! First, I really don't understand the difference between public international law and private Student 2: That's quite simple Public international law concerns the behavior of intergovernmental organizations, multinational companies and individuals who are involved in international affairs Student 1: Oh I thought that public law involved people and private law involved companies Student 2: No, all of those entities come under public international law Student 1: So, what's private international law then? Student 2: That determines which legal system and which jurisdiction applies to a dispute Student 1: Hmm Can you explain customary law and conventional law? Student 2: Sure They're both sources of international law That's where the rules come from Student 1: And what's the difference between the two? Answer Key 47 Audioscripts Student 2: Customary law is the law that derives from the customs of states over the years Student 1: Oh, like attitudes towards slavery and things like that? Student 2: Yes And conventional law comes from treaties and international agreements, and increasingly from the practices of international organizations Student 1: Well, that cleared it up a little, but I'm still going to have to study hard Thanks for your help Student 2: Anytime Unit 15 Employee: Good morning, Justice Perk ins Thank you for coming in today Judge: You're welcome Employee: I'm assuming you know that our government has submitted a case to the International Court of Justice It regards the pollution of our rivers by the countries upstream Judge: Yes, I was aware of that Employee: We wondered if you would sit on the bench during the proceedings Judge: Me? I thought judges had to be elected Employee: The system allows us to nominate our own judge, on an ad hoc basis Judge: Really? Is that always the case? Employee: It is in contentious cases such as ours It allows us to present our own perspective to the court Judge: And will I also have the chance to vote? Employee: Well, yes But the opposition will undoubtedly also elect their own judges too, so your vote might not count for much Judge: And when does the court convene? Employee: Oh, that won't be for several more months Judge: I'd need as much advance notice as possible so I can have my cases covered while I'm gone Employee: Of course As soon as I know, I'll call you Judge: Okay, then I'll it 48 Answer Key Career Paths English: law Law is a new educational resource for legal professionals who want to improve their English communication skills in a work environment Incorporating career-specific vocabulary and contexts, each unit offers step-by-step instruction that immerses students in the four key language components: reading, listening, speaking, and writing Career Paths English: Law presents subject matter including basic legal concepts, court processes, legal billing, evidence, and international law The series is organized into three levels of difficulty and offers over 400 vocabulary terms and phrases Every unit includes a test of reading comprehension, vocabulary, and listening skills, and leads students through written and oral production Included Features: • A variety of realistic reading passages • Career-specific dialogues • 45 reading and listening comprehension checks • Over 400 vocabulary terms and phrases • Guided speaking and writing exercises • Complete glossary of terms and phrases The Teacher's book contains a full answer key and audio scripts The audio COs contain all recorded material in American English and British English Books 1-3 of Career Paths English: Law are rated for the Common European Framework of Reference for Languages at A 1, A2 and B respectively ~w~ Express Publishing IS BN 97 · · 85777· 17 · 111111111111111111111111 780 57 778178 [...]... 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:... confidentiality Conflict of interest What has the professor written about? Conflict of interest Advocating for your clients Unit 15 Suggested Answers 1 Doctors, nurses, and other medical professionals, psychologists, teachers, social workers and legal professionals 2 Some information is kept confidential because it is personal and sensitive If it was public knowledge, it could lead to discrimination, embarrassment,... good I hope he changes his mind 8 Suggested Answer What did the client call about? Possible waiver of attorney-client privilege Who has asked him to make this decision? Prosecutor Why might the client choose to make that decision? To make a deal with the prosecution Anna, Mike Davis, your former client just called for you The prosecutor has asked him to waive his attorney-client privilege He wants to... Morris Unit4 1 Suggested Answers 1 Some lawyers are not paid unless they win their cases because they do not charge an hourly rate but take a percentage of any damages awarded to their client Lawyers choose this method of payment if they are fairly sure the case will be successful 2 Lawyer's fees are expensive because a lawyer's education is expensive Lawyers may have several years of university debt