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Published by Express Publishing

Liberty House Greenham Business Park Newbury

Berkshire RG19 6HW
Tel.: (0044) 1635 817 363
Fax: (0044) 1635 817463
e-mail: [email protected]
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 . . ... . . .. . ...... .. . 4
Audioscripts . . .. .. .. . ... . .. . .... . 13

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

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

Boo Answer Key

Unit 1 9 Suggested Answer

Suggested Answers Civil Case Update
1 Judge, attorney/lawyer, paralegal, clerk of the Attorney: Sally Fields
court, bailiff. Plaintiff s complaint: Plaintiff manufactured goods
2 I would like to be a judge. I think it would be much and supplied them to defendant. Defendant not paying.
less stressful than being an attorney, because you Possible outcome: Defendant may win case. Plaintiffs
don't have to worry about winning your case. factory will close down.
However you still get to work in a court and hear Reason: Plaintiff has little evidence / defendant's
lots of interesting cases. attorney is very good.

2 1 plaintiff Unit 2
2 defendant
Suggested Answers
3 speak on behalf of their clients
4 may assist the attorney
1 People decide to take legal action for many
5 judge reasons, for example if they have been injured in
an accident that was not their fault, if their
3 1 B 3 D 5 F 7 G property has been damaged, if they have been
2 A 4 C 6 E unfairly treated by their employer or if they have
been the victim of a crime.
4 B 2 B 3 A 4 A 2 People usually need to conta ct a legal firm to get
advice about how to take legal action. People
5 Suggested Answer also need to be sure they have evidence to
support their claim.
In the legal system a civil case begins with a plaintiff,
the person who makes a complaint. The plaintiff files
2 T 2 F 3 T
the complaint with a court. The person the plaintiff
accuses of a crime is the defendant. Both the plaintiff
3 B 2 A 3 B 4 A 5 B
and the defendant have attorneys to present their
cases to the court. Attorneys have paralegals, people proof
4 1 settle 3 trial 5
who have legal training, to assist them. In the court a
2 appeal 4 legal action
jury and a judge listen to both sides of the case. The
jury decides on a verdict and the judge makes the
5 Suggested Answer
decision on how to resolve the case.
If you have been involved in a dispute or have been
6 D 2 D injured by someone else's carelessness, Butler and
Evans Associates can help you to take legal action and
7 1 civil 3 complaint 5 plaintiff get due process. They will initiate a lawsuit to try and
attorney 4 defendant 6 jury get you the damages you are entitled to. Butler and
Evans investigate your case to get the proof required
8 Suggested Answer 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
A: Hi, Sally. How is that civil case coming along.
win your case, they don't charge you any fee.
B: Oh, Roger, I wish you hadn't reminded me
A: Why, what's wrong?
6 A 2 C
B: I'm afraid our client's complaint has run out of steam.
A: Well, has it?
7 1 offer 3 settle 5 proof
B: It depends or whether the judge decides there
2 lawsuit 4 pay for half 6 you're right
was a valid contract between the plaintiff and the
defendant. He really needs the money, or his
8 Suggested Answer
factory may be forced to close down.
A: Do you have evidence to prove that there was? A: Good morning, Mrs . Smith. I just received a call
B: Some, but the defendant's attorney is very good from Mr. Jones' lawyer. He said, Mr. Jones is willing
and he may succeed in having it disallowed. to put an end to your dispute.
A: Okay, then why don't you ask our paralegal to do B: Great. So what do we do next?
some more research? A: Well , he will only stop defending the lawsuit if you
B: Good idea. agree to settle.
4 Answer Key

oot{ . Answer Key

B: What is he asking for? form books, are kept in another part of the library.
A: He wants you to pay for the costs of arguing the Most libraries also have computerized databases with
case so far and he will pay for the damages to all these resources on them.
your car.
B: But I was parked on the side of the road He drove 6 F 2 T 3 F
straight into me
A: I understand. But seeing as the legal system for 7 1 legal encyclopaedias 4 primary materials
these types of cases can be so slow, I suggest 2 in common 5 statutes
you settle. 3 case annotations 6 No problem
B: Oh, all right, then you're the expert.
8 Suggested Answer
9 Suggested Answer A: Hi John. Did the law library have anything to help
Client: Samantha Smith our case?
Date: 4th July 2001 B: Yes. There were several similar cases in the legal
Meeting about: Settlement of car crash case. encyclopedias. It seems that judges often dismiss
cases against young defendants.
Recommended that client should settle by agreeing
A: Do the dismissed cases have anything in common?
to pay legal costs to date. Only then will Mr Jones
B: Well, I looked at the case annotations and found
pay for damages to her car.
that none of the defendants had any previous
Client will settle on these terms.
convictions.
A: Great work
Unit 3 B: I've also collected some primary materials about
1 Suggested Answers crimes involving young offenders.
A: Thank you. Can you do me one more favor? Write
1 Legal professionals can find information about
a summary of the statutes on young offenders.
cases in legal encyclopedias, law journals, digests
B: No problem, I'll do it right away.
and case annotations. These books can be found
in many libraries. Courts will also have records of
9 Suggested Answer
past cases, and nowadays there are several
computerized databases of court cases on the Source(s): Legal encyclopedias, case annotations
Internet. Useful info: Judges often dismissed cases against
2 Legal professionals need good research skills young defendants
because they have to find and research laws and What cases have in common: Young defendants/no
past cases relevant to their case. previous convictions.

2 B 2 C 3 B Unit4

1 Suggested Answers
3 1 primary materials 3 cite 5 resources
2 form book 4 digest 1 In the USA new laws are made when a member of
Congress sponsors a bill proposing a new law. The
4 1 journals 4 case annotation bill is assigned to a committee who study it with the
2 computerized database 5 legal encyclopedia help of experts. If the committee decides to pass it
3 references on then the relevant chamber of Congress votes
on the bill . If a majority votes for the bill it passes to
5 Suggested Answer the next chamber of Congress (i.e.: if it was
introduced in the Senate, it goes to the House of
Law libraries keep different documents in different
Representatives and vice versa) and the process is
sections. In one section you will find primary
repeated. If the second chamber votes in favor of
materials, which are the texts containing actual laws.
the bill it is revised by a conference committee and
In another you can look at secondary materials,
then sent back to both chambers to be voted on
which give opinions on these laws. In the section for
again. If the bill is passed by both chambers, it goes
secondary materials you will find legal encyclopedias
to the president for their signature and approval.
and digests, which are summaries of individual cases.
After this, it officially becomes a law. If the president
Law journals will be contained in another section. In
doesn't approve the bill, it can still become law if
these journals you can find case annotations. Finally,
two thirds of Congress approve it.
Answer Key 5

Book 1 Answer Key

I think this system works well because it prevents Unit 5

people from quickly making laws that might not Suggested Answers
benefit people. There are a lot of checks and no
1 When they first meet attorneys and clients might
one person has absolute authority.
talk about legal fees , which court a case will go
2 National laws, or federal laws, are passed by the
to, the possible duration of the case, its likelihood
federal government. State laws are passed by
of success and what documents are needed from
states and apply only to the specific state which
the client.
they were passed in. They should not contradict
2 In order to work together and trust each other
national law. States also delegate lawmaking
attorneys and their clients need to agree on fees
powers to different agencies, counties and cities,
before beginning a case. Preparing a case is a lot
which can make local laws about smaller issues
of work, and running a law firm is expensive.
such as parking rules.
Attorneys need to know they will be paid.
2 T 2 F 3 T
2 B 2 B 3 C
3 A 2 A 3 B 4 A 5 B
3 A 2 D 3 C 4 B
4 B 2 B 3 C 4 B 5 A
4 1 medical records, police report
2 intake memo, fee agreement
5 C 2 A
3 correspondence/litigation
6 1 national legislation 4 took that case
5 F 2 T 3 T
2 accident 5 state law
3 tough 6 statute
6 1 agreement 4 demand package
2 intake 5 litigation
7 Suggested Answer
3 retainer 6 form
B: Why is Great Cars Incorporated being sued?
A: They didn't follow the national legislation on brake
7 Suggested Answer
testing procedures. A client's brakes failed and he
A: Janine, did you find the signed copies of the fee
crashed into a wall.
agreement and retainer agreement for Mrs.
B: So, the driver's suing Great Cars?
Jackson?
A: Yes. He's suing them for $ 1 million.
B: Yes, I did. Have you also got her intake memo?
B: That sounds hard to beat.
A: Oh, yes. I guess it's still in my office.
A: Well, we'll have a shot. There's a precedent from a
B: Don't worry, I can get it.
lawsuit against Car Masters. A judge dismissed the
A: Have you got a copy of the demand package we
case when they weren't able to follow the statute.
sent for her medical records?
B: Aaah, I've seen it. It should help our client's case.
B: Yes It's all in her pre-litigation folder .
A: Fantastic. Please send her a copy along with the
8 Suggested Answer
other documents. Don't forget to include the form
Date: 27th May 2011 letter.
I met with Julian today. He is working on a case for B: No problem.
Great Cars Inc. The company didn't meet the
requirements of national brake testing regulations 8 Suggested Answer
and as a consequence, a customer drove into a wall
Dear Mrs. Jackson,
and is suing them for 1 million. But Julian thinks they
I am pleased to enclose the foll owing documents:
can win the lawsuit. There is a precedent that might
Fee agreement
help them. Another company didn't meet state law
Retainer agreement
requirements for seatbelts. But, a judge dismissed the
Intake memo
case when they weren't able to follow the statute.
Demand package
Please sign the re levan documents and return them
to us as soon as possiDle.
Janine Davis.
Paralegal

6 Answer Key

Book Answer Key

Unit 6 9 Suggested Answer

1 Suggested Answers Dear Mr. Moisey,
1 In the USA there are district courts, state courts, In response to your question, your case is not going
a Court of Appeals and a Supreme Court. to the state courts. It is going to a district court
2 Disputes with the state go to the state courts. because it is a small case and does not fall under
General disputes involving federal laws go to the jurisdiction of any specialized court.
district courts. Appeals against previous rulings go If you do not agree with the court's decision, the case
to the Court of Appeals. Specific claims relating goes to an appeals court.
to bankruptcy or tax go to specialized bankruptcy They have to review it because they do not have
and tax courts. The Supreme Court usually only discretionary review (the ability to choose which
hears cases that involve important questions cases they will review).
about the Constitution or federal law. Yours Faithfully,
T. Greer
2 F 2 T 3 F
Unit 7
3 1 District 3 jurisdiction
1 Suggested Answers
2 state 4 claims
1 Which court hears a case is determined by where
3 review 5 discretionary the offense was committed, where the defendant
4 1 Supreme
2 appeals 4 bankruptcy 6 specialized or plaintiff are from, and what the case is about.
2 A case can be heard in more than one court, both
5 Suggested Answer
state and district, if the parties are from different
states. This allows the parties involved to escape
In the USA there are 5 main types of courts. In the
the possible prejudice of local judges and juries.
state courts disputes with the state are decided.
A case is also heard in more than one type of
Other disputes go to district courts or in some cases
court if the initial verdict is appealed and the case
to specialized courts, such as tax or bankruptcy
goes to the Court of Appeals for review.
courts. If you disagree with a verdict your case will
go to the Court of Appeals, which reviews decisions
2 1 Personal jurisdiction
from other courts. The Supreme Court is also an
2 Jurisdiction over an area
appeals court, but it has discretionary review, meaning
3 Subject jurisdiction
it may choose whether it hears your case or not.
4 Only one court can decide the issue
5 Concurrent jurisdiction
6 X I 3 I 4 X 5 X
3 B 2 A 3 B
7 1 state 3 decides 5 review
2 district 4 reviewed 6 discretionary
4 1 territorial jurisdiction 5 forum shopping
2 exclusive 6 legal bodies
8 Suggested Answer 7 subject jurisdiction
3 personal jurisdiction
A: So, will my case go to the state courts? 4 concurrent
B: No, it won't.
A: But it's a dispute with the state. 5 Suggested Answer
B: Yes , bu t district courts normally have jurisdiction
There are three main types of jurisdiction. Firstly there
over cases like yours. is personal jurisdiction, the authority over a person.
A: Okay, I understand. And is it possible to appeal
Secondly there is territorial jurisdiction or authority
against a district court's decision? over an area, and lastly there is subject jurisdiction
B: Yes, we can ask for the decision to be reviewed
which is authority over a particular subject.
in the Court of Appeals.
A: Are you sure they will review a small case like mine?
6 D 2 C
B: They have to. Only the Supreme Court operates
under discretionary review, so don't worry
7 1 territorial 3 concurrent 5 legal bodies
adjudicate 4 welcome 6 favor

Ans wer Key 7

Book Answer Key

8 Suggested Answer 8 Suggested Answer

A: Which court is this case going to? A: Your honor, I don't believe that Juror 5 should sit
B: Probably to the district court. It has territorial for this trial.
jurisdiction. B: Why?
A: Okay. But in this case, a subject-specific court A: Due to an answer he gave to one of my
can also adjudicate . Right? questions. He said that violent computer games
B: I don't think so. I'm pretty sure no other legal bodies have made young people nowadays more likely
have authority. But you're welcome to check. to commit crimes.
A: I will do. I think jurisdiction is concurrent, and a B: And you're concerned that he will be unfair
subject specific court might be more likely to rule towards the defendant.
in our favor. A: Exactly. My client's only twelve.
B: I hope that's true B: Fair enough. Juror 5 is released.
A: Thank you, your honor.
9 Suggested Answer B: We'll continue the process after the clerk of the
The case is likely to go to the district court because court calls in another juror.
it has territorial jurisdiction .
Mr. Ryan believes that a subject-specific court can 9 Suggested Answer
also adjudicate. Jury Notes
We must check whether there is concurrent jurisdiction. Today we released a juror. I thought he would be
Then we can choose a court that is more likely to rule unfair towards the defendant.
in our favor. I believe this because he said that young people
nowadays are more likely to commit crimes as a
Unit 8 result of playing violent video games and the
defendant is only 12 years old. The judge agreed and
1 Suggested Answers asked the clerk of the court to call in another juror.
1 During a trial the jury, judge, bailiff, the clerk of the
court and the attorneys must be present in the Unit 9
courtroom.
2 Lawyers can interview jurors and ask specific 1 Suggested Answers
questions to determine if they will be able to give 1 Before a case can go to court the defendant has
an unbiased verdict in the trial or will be to be formally charged with a crime or offense.
prejudiced against the case. Attorneys may need to exchange documents
pertaining to the trial , and the prosecution must
2 F 2 T 3 F present their evidence to a judge to prove that
they have a valid case. There may also be an
3 1 C 3 A 5 F opportunity for the parties to settle the case
2 E 4 B 6 D without going through court.
2 A jury might not be able to agree on a verdict if
4 A 2 B 3 A 4 B there are strong differences of opinion among the
jurors. This could be because case is very
5 Suggested Answer controversial, or the evidence is confusing.
When you report for jury duty you are asked a series
of questions by the defense and prosecution attorneys 2 B 2 C 3 D
to find out if you are a suitable juror for the case. If
you are not chosen for the jury you will leave after 3 1 acquitted 3 plea bargain
the questioning. If you are chosen then you will do 2 suppress 4 discovery
jury duty for the trial and help decide on a verdict.
4 1 sentenced, charged
6 A 2 D 2 arraignment, trail
3 mistrial, pre-trial hearing
7 1 juror 3 unfair 5 proceedings
reason 4 defense 6 clerk 5 T 2 F 3 T

8 Answer Key

Book Answer Key

6 1 pre-trial hearing 3 discovery 5 mistrial 6 A 2 A

2 suppress 4 trial 6 handle
7 1 approach the bench 4 perjury
7 Suggested Answer 2 evidence 5 removed
B: Hello, Richard Burke speaking. under oath 6 protocol
A: Richard, it's Elizabeth Smith. I'm calling about the
pre-trial hearing on Monday. How was it? 8 Suggested Answer
B: Not so good. The judge suppressed a lot of our A: Your Honor, may I have permission to approach
evidence. the bench.
A: Oh, no. Do we have a trial date? Will we have B: You may.
enough time to prepare the evidence we do have? A: Your Honor, I have evidence that this witness
B: This is the good news. The trial's not until April. worked with my client.
Lots of time. B: But he just told us he had never met your client
A: I agree. I still want to handle the case myself. before.
B: Okay, just do your best. Looks like we'll lose this A: I know. He 's changing his story even though he 's
one, anyway. under oath.
B: Are you accusing the witness of perjury?
8 Suggested Answer A: Yes. He should be removed and investigated.
Date of Hearing: 21st December B: That's a very serious charge . You must follow
Jury s decision or evidence: Suppressed 3/4 of our protocol to do that.
evidence
Trial scheduled for: 20th April 2011 9 Suggested Answer
Who will handle case: Elizabeth Smith. Complaint
Attorney: Mr. Rodriguez
Unit 1
What is the accusation? Perjury
Is there evidence: Yes
Suggested Answers If yes, what is it: Records of employment show the
1 It is important to behave properly in a court room in witness worked with my client.
order to make a good impression on the judge and Required action: Removal and investigation of witness.
jury. It is also a sign of respect for the judicial system.
2 People can find information about court etiquette Unit 11
on the Internet, in libraries and legal books, and
from their attorneys. 1 Suggested Answers
1 Yes , I do think that people can commit crimes for
2 1 protocols 3 lies good reasons. If someone breaks into a factory
2 All rise 4 addressing that manufactures bombs and damages the
machinery, they are guilty of trespass and ha rm
3 1 under oath 3 approach the bench to property, but they committed the offence with
2 address 4 off the record the aim of saving innocent lives.
2 For minor crimes such as burglary or harm to
4 1 B 3 B 5 A property, probation or community service are fair
2 C 4 B 6 C punishments. For major crimes, such as murder,
going to jail is a fair punishment. I believe capital
5 Suggested Answer punishment is never fair, because it is a crime itself.
In court before the judge enters you will hear the
clerk of the court say "All rise" and you must stand 2 1 probation 3 jail
up. You are sworn in by the clerk. After you have 2 trespassing 4 murder
been sworn in you are under oath and you must not
lie . If you lie you can be charged with perjury. In the 3 B 2 B 3 A 4 A 5 B
courtroom you must not interrupt the judge and you
have to call him "Your Honor". Only the lawyers may 4 B 2 A 3 C 4 A 5 B
approach the bench, where they may talk to the
judge off the record from the well, the area right in
front of the bench.
Answer Key 9

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5 Suggested Answer
Criminal law punishes those people who com
crimes.
For minor crimes, such as trespassing you may g
fine.
If a criminal commits the same offence many tim
they may go to jail.

6 T 2 F 3 T

7 1 probation 3 convicted 5 crime

trespassing 4 jail 6 offend

8 Suggested Answer
B: Let's talk about the sentencing? My client doe
Will
Why would I do that?
B:
trespassing.
A: I take your point - but he was convicted for th
only last year.

deserve to go to jail now.

2 F 2 T F

3 1 license 3 jeopardize
4

4 C 2 C 3 B 5 C

5 B 2 C

4
2 Health Department required
3 compliance 6

7 Suggested Answer
Mr . Evans, please sit down and tell what I can
for you
is
Department wants to shut down my restaurant

B: The health inspector told me that I'm not

compliance with regulations.
A: Did the inspector tell you which regulations yo
weren't complying with?

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