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Unit 3 1 Suggested Answers 2 1 Legal professionals can find information about cases in legal encyclopedias, law journals, digests and case annotations.. 9 Suggested Answer Sources: Leg

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Published by Express Publishing

Liberty House, Greenham Business Park, Newbury,

This book is not meant to be changed in any way

ISBN 978-0-85777-817-8

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Table of Contents

f.1 1

Answer Key 4 Audioscripts 13

f:)

3

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Boo Answer Key

2 I would like to be a judge I think it would be much

less stressful than being an attorney, because you

don't have to worry about winning your case

However you still get to work in a court and hear

lots of interesting cases

1 plaintiff

2 defendant

3 speak on behalf of their clients

4 may assist the attorney

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

A: Hi, Sally How is that civil case coming along

B: Oh, Roger, I wish you hadn't reminded me!

A: Why, what's wrong?

B: I'm afraid our client's complaint has run out of steam

A: Well, has it?

B: It depends or whether the judge decides there

was a valid contract between the plaintiff and the

defendant He really needs the money, or his

factory may be forced to close down

A: Do you have evidence to prove that there was?

B: Some, but the defendant's attorney is very good

and he may succeed in having it disallowed

A: Okay, then why don't you ask our paralegal to do

some more research?

B: Good idea

4 Answer Key

9 Suggested Answer Civil Case Update Attorney: Sally Fields

Plaintiff's complaint: Plaintiff manufactured goods and supplied them to defendant Defendant not paying

Possible outcome: Defendant may win case Plaintiffs

factory will close down

Reason: Plaintiff has little evidence / defendant's attorney is very good

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

2 appeal 4 legal action

5 Suggested Answer

6

If you have been involved in a dispute or have been injured by someone else's carelessness, Butler and Evans Associates can help you to take legal action and get due process They will initiate a lawsuit to try and get you the damages you are entitled to Butler and Evans investigate your case to get the proof required for your trial and if the court's verdict is not in your favor they will try to appeal the case If Butler and Evans don't win your case, they don't charge you any fee

A 2 C

2 lawsuit 4 pay for half 6 you're right

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

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B: What is he asking for?

A: He wants you to pay for the costs of arguing the

case so far and he will pay for the damages to

your car

B: But I was parked on the side of the road! He drove

straight into me!

A: I understand But seeing as the legal system for

these types of cases can be so slow, I suggest

Meeting about: Settlement of car crash case

Recommended that client should settle by agreeing

to pay legal costs to date Only then will Mr Jones

pay for damages to her car

Client will settle on these terms

Unit 3

1 Suggested Answers

2

1 Legal professionals can find information about

cases in legal encyclopedias, law journals, digests

and case annotations These books can be found

in many libraries Courts will also have records of

past cases, and nowadays there are several

computerized databases of court cases on the

Internet

2 Legal professionals need good research skills

because they have to find and research laws and

past cases relevant to their case

4 1 journals 4 case annotation

2 computerized database 5 legal encyclopedia

3 references

Law libraries keep different documents in different

sections In one section you will find primary

materials, which are the texts containing actual laws

In another you can look at secondary materials,

which give opinions on these laws In the section for

secondary materials you will find legal encyclopedias

and digests, which are summaries of individual cases

Law journals will be contained in another section In

these journals you can find case annotations Finally,

6

oot{ Answer Key

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

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

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

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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

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

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

to, the possible duration of the case, its likelihood

of success and what documents are needed from the client

2 In order to work together and trust each other attorneys and their clients need to agree on fees before beginning a case Preparing a case is a lot

of work, and running a law firm is expensive Attorneys need to know they will be paid

B 2 B 3 C

1 medical records, police report

2 intake memo, fee agreement

B: Yes, I did Have you also got her intake memo? A: Oh, yes I guess it's still in my office

B: Don't worry, I can get it

A: Have you got a copy of the demand package we sent for her medical records?

B: Yes It's all in her pre-litigation folder A: Fantastic Please send her a copy along with the other documents Don't forget to include the form letter

Please sign the relevan documents a d return them

to us as soon as possiDleJanine Davis

Paralegal

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Unit 6

2

1 In the USA there are district courts, state courts,

a Court of Appeals and a Supreme Court

2 Disputes with the state go to the state courts

General disputes involving federal laws go to

district courts Appeals against previous rulings go

to the Court of Appeals Specific claims relating

to bankruptcy or tax go to specialized bankruptcy

and tax courts The Supreme Court usually only

hears cases that involve important questions

about the Constitution or federal law

3 1 District 3 jurisdiction

4 1 Supreme 3 review 5 discretionary

2 appeals 4 bankruptcy 6 specialized

6

In the USA there are 5 main types of courts In the

state courts disputes with the state are decided

Other disputes go to district courts or in some cases

to specialized courts, such as tax or bankruptcy

courts If you disagree with a verdict your case will

go to the Court of Appeals, which reviews decisions

from other courts The Supreme Court is also an

appeals court, but it has discretionary review, meaning

it may choose whether it hears your case or not

A: But it's a dispute with the state

B: Yes, but district courts normally have jurisdiction

over cases like yours

A: Okay, I understand And is it possible to appeal

against a district court's decision?

B: Yes, we can ask for the decision to be reviewed

in the Court of Appeals

A: Are you sure they will review a small case like mine?

B: They have to Only the Supreme Court operates

under discretionary review, so don't worry!

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)

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

4 1 territorial jurisdiction 5 forum shopping

3 personal jurisdiction 7 subject jurisdiction

4 concurrent

6

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

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Book Answer Key

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!

The case is likely to go to the district court because

it has territorial jurisdiction

Mr Ryan believes that a subject-specific court can

also adjudicate

We must check whether there is concurrent jurisdiction

Then we can choose a court that is more likely to rule

in our favor

Unit 8

2

1 During a trial the jury, judge, bailiff, the clerk of the

court and the attorneys must be present in the

courtroom

2 Lawyers can interview jurors and ask specific

questions to determine if they will be able to give

an unbiased verdict in the trial or will be

prejudiced against the case

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

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

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

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

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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

Date of Hearing: 21st December

Jury's decision or evidence: Suppressed 3/4 of our

evidence

Trial scheduled for: 20th April 2011

Who will handle case: Elizabeth Smith

Unit 10

1 Suggested Answers

1 It is important to behave properly in a court room in

order to make a good impression on the judge and

jury It is also a sign of respect for the judicial system

2 People can find information about court etiquette

on the Internet, in libraries and legal books, and

from their attorneys

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

judge off the record from the well, the area right in

front of the bench

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

protocol to do that

9 Suggested Answer Complaint

Attorney: Mr Rodriguez

What is the accusation? Perjury

Is there evidence: Yes

If yes, what is it: Records of employment show the witness worked with my client

Required action: Removal and investigation of witness Unit 11

1 Yes, I do think that people can commit crimes for

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

going to jail is a fair punishment I believe capital punishment is never fair, because it is a crime itself

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Book Answer Key

If a criminal commits the same offence many times

they may go to jail

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

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

Unit 12

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

7 1 tort law 3 liability 5 probate

2 injunctions 4 monetary damages 6 afraid

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 Government agencies make rules for businesses

to prevent them from taking advantage of their customers or abusing the environment in order to make more profit These rules also make sure that businesses behave fairly towards each other

2 An attorney can help business owners follow laws

by explaining what legislation they need to comply

with and helping them complete the relevant paperwork

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2 Health Department 5 required

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

Clients name: Mr Evans

Legal problem: Health inspector says his restaurant

is not in compliance with health regulations

Details: Needs a public health license

Unit 14

1 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 wrongful termination 5 obtain

A: So, please tell me what's going on Miss Crane? B: Well, last week, without warning from my boss, was asked to pack up all my things and leave the office I even had security guards escort me out A: I'm sorry you had to go through that Do you have any idea why your employer took this action? B: Not at all I thought I was doing a really good job A: Then, you're obviously interested in filing a lawsuit

of wrongful termination of employment against your boss

B: Very much so! I had a pay rise one month before

I was let go It just doesn't make sense

A: Do you have documentation to support your assertions?

B: Yes, I have kept everything

A: OK, no need to worry now What you have told me

so far suggests you have a strong claim Please send me all the documents in your possession I will review them, and then we can move forward A statement of facts will be very useful, too

B: Thank you so much for your help Wonderful I'll send you the papers tonight

A: You're welcome

8 Suggested Answer Clients name: Georgina Crane Reason for visit: potential wrongful termination

tonight

If yes, what type: Not sure yet, but may have

certificate in pay rise

Unit 15

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

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2

3

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

A reliable witness can really help a court case

Unfortunately, not all witnesses are reliable If you aren't

sure about your witnesses' credibility it could destroy

your case There are 4 main types of witnesses

A friendly witness is one who supports your case, but

this could mean that they are biased and they may

lie in court to try and support the case This can make

your case seem weak A hostile witness, one who

doesn't support your case, can cause similar problems

by making false statements against the case

Eyewitnesses, those who saw events firsthand, may

not be credible if they didn't see the event clearly

There can even be problems with expert witnesses,

so it is always important to check their credentials

B: Well, I'd be happy to help you

A: That's good news First, I just need to confirm your qualifications How long have you been in the police force?

B: I've been an officer for 19 years

A: Great My problem is that eyewitness statements say that my client was at the crime scene B: And he wasn't?

A: No He only looks like the suspect

B: Eyewitness accounts certainly aren't always reliable

9 Suggested Answer Witnesses's name: Detective Jones Type of witness: Expert

Opinion of eyewitness accounts: Not always credible

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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 2: The defendant's attorney is pretty good He's

making our complaint seem weak

Attorney 1: Well, it's not, is it?

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

common?

Paralegal: According to the case annotations, none of

them had any previous convictions

Lawyer: That's perfect

involving young offenders

a summary of the statutes on young defendants

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

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

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Audioscripts

UnitS

Attorney: Your Honor, I don't believe that juror four should

sit for this trial

believes that young people are more likely to commit

crimes these days

Judge: And you're worried that he will be unfair toward

Attorney: Yes My client is only seventeen years old

Judge: The defense has a point We'll release him

Attorney: Thank you, Your Honor

Judge: We'll continue the proceedings after the clerk of

the court calls in another juror

Unit9

Attorney 1: Hello, Fiona Barksdale speaking

Attorney 2: Fiona, it's David I'm calling about the pre-trial

hearing yesterday How did it go?

Attorney 1: It went really well The judge didn't suppress

any evidence

Attorney 2: That's good I was worried when the defense

attorney requested discovery When is the trial

scheduled for?

Attorney 1: November We still have some time to prepare

Attorney 2: Good I really don't want this to end in a

mistrial

Attorney 1: Me neither In fact, I'd like to handle it myself

Attorney 2: Good think you can win it

Unit 10

Attorney: Your Honor, may I have permission to approach

the bench?

Judge: You may

Attorney: Your Honor, I have evidence that this witness

attended college with my client

Judge: But she just said that she doesn't know your client

Attorney: I know She's changing her story even though

she's under oath

Judge: Are you accusing the witness of perjury?

Attorney: Yes She should be removed and investigated

Judge: That's a serious charge You need to follow

protocol to do that

14 Answer Key

Unit 11

doesn't deserve to go to jail Will you recommend probation?

Defense Lawyer: His crime wasn't violent He was only trespassing

two years ago

Defense Lawyer: Yes, but he was punished for that

Prosecutor: I'm still recommending that he go to jail

small crime

Prosecutor: I just don't want him to offend again and hurt

an innocent person

Unit 12 Interviewer: Good morning, Mr Raymond Please sit down

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

probate?

Job Candidate: I'm afraid I don't Sorry

Unit 13 Attorney: Mr Mclntyre, please sit down and tell me what

I can do for you

Client: Thank you The Health Department wants to shut

my restaurant down

Attorney: Why do they want to do that?

Client: The health inspector said I'm not in compliance with regulations

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

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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

that my client was at the scene of a crime

Investigator: But he wasn't there?

Lawyer: No He just looks like the suspect

credible

Audioscripts

Answer Key 1 5

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Answer Key

Unit 1

2

1 Before a trial lawyers exchange: information about

witnesses, evidence to be presented at the trial,

results of mental and physical examinations,

documents relevant to the case (such as financial

records or letters) and interrogatories, a list of

questions to be answered about the case

2 The process of exchanging information before a

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

• 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

A: Great Did he complete the interrogation as well? B: You mean the interrogatory Yes, he did But he also wants you to have a physical examination A: Can't they just talk to my doctor?

B: I'm afraid not Any information you share with your doctor is privileged

A: Fair enough So, what do I need for the physical examination?

B: Here's the address for the doctor's office Just show up there at 9 am on Wednesday 5th March A: And the witness who saw the accident? Is she going to testify?

B: She should The court sent a subpoena to her today ('subpoena' is the legal word for a witness summons) If she refuses to testify, she could be held in contempt of court and face penalties

9 Suggested Answers What kind on information did the opposing attorney send?

Discovery documents Interrogatory

What has the opposing attorney requested?

Physical examination

What happens if the witness ignores the subpoena?

Possible contempt of court Penalties Dear Mr Sellers,

Here is a quick update on your case The defendant's attorney has sent us the discovery documents and the interrogatory They have requested that you go for a physical examination Please call the Sunny Dale surgery on 389 4939 to arrange an appointment with

subpoena, which means she will have to testify or she will face charges of contempt of court and perjury Yours,

Lisa Macmillan Paralegal

Unit 2

1 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

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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

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

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 Legal memorandums are usually written by

paralegals, law students or lawyers

2 It is important to keep written records of legal

2

written records also means a case can be easily transferred to another lawyer if necessary In

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

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

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?

versus Johnson too

A: Okay, I'll start with those When do you want this

to go out?

B: Asap Thanks, Kelly

Answ e r Key 17

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Book ~ Answer Key

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

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

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

There are 5 main types of briefs Legal briefs state a

party's legal position and are given to the court

before a trial begins Trial briefs are used by attorneys

to help them argue their case after a trial starts Merit

briefs are impartial descriptions of a case based on

18 Answer Key

6

evidence and decide if a case will be heard in court Amicus briefs are filed by people not directly involved

appellate briefs are used in appeals cases and they explain why the previous decision was wrong

B: Yes, sorry about that! This is an important case for

us The legal briefs are in the top folder; amicus briefs are in the second There's a big one from the American Civil Liberties Union - and Lambda Legal A: Okay, I'll ensure they get to the right officials B: Great, thanks

A: Have you filed the merit briefs as well?

B: Not yet We have until Friday to file those, so I'm hoping to bring them in before Thursday

A: See you towards the end of the week, then B: See you then Thanks again

9 Suggested Answer What types of briefs have been filed?

Legal briefs Amicus briefs

When is the court date for this case?

7th April

Which advocacy groups have filed amicus briefs?

American Civil Liberties Union Lambda Legal

Unit 5

1 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

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

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a trial, ask the court to demand a specific action

from any party involved in the case, ask the court

to dismiss an issue as irrelevant to the case, or

ask the court to remove all or part of one party's

evidence or witnesses testimony

2 1 motion 3 motion to dismiss

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

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

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

4 1 intent I injured party

2 civil litigation I defamation

3 tort action I harm to property

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

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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

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 compensation 5 actual cause

3 duty of care 6 breach of duty

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 An sw er Ke y

7 1 witness reports 4 not met

2 opposing party 5 proximate

3 liability 6 strong case

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

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UnitS

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

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

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

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

ill-2 A wildlife park keeps their animals enclosed in strong cages The animals are well looked-after, and the staff are well-trained However, one day

a herd of deer escape and cause damage to local property Even though they did everything they could to prevent such an escape, the wildlife park is still legally responsible for the damage

F 2 T 3 F

3 1 Hazardous

2 culpability

3 demonstration of fault

4 1 good faith / damage

2 legal responsibility / absolute liability

3 precaution / strict liability

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

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Book 2 Answer Key

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

Woman cut her arm badly on an industrial machine

What information does the client want the lawyers

to provide?

Details of potential legal responsibility Specifically, in

what way might client have strict liability for the

accident

Dear Mr Gomez,

I just had a call from a Mr Sellers about his company's

liability for an accident He believes his company had

taken all the necessary precautions to keep their

work site safe and prevent an accident However, a

woman has been injured using an industrial machine

Mr Sellers needs advice about his legal position in

terms of strict liability

Speak to you later,

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

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

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?

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~

B: Yes, but they haven't responded

A: That doesn't look good

B: I know; that's why I called you

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

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

The successful applicant will mainly deal with writing,

maintaining and updating legal contracts for

manufacturers They will draft requirements contracts,

distribution agreements, agreements of sale and

severable contracts They will also deal with contracts

6

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

7 1 regarding

2 drawn up

4 requirements contract

5 let her know

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

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

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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

4 valid

5 enforceable

6 come in

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

What is the problem with the contract?

Not sure if it is enforceable

24 Ans w er Key

What is the object (or purpose) of the contract?

To create legally binding contractual terms with a

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

2 My firm 4 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

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