Exam Sample Paper

A_1  Read the text below. Use the word given in the brackets to form new words which are appropriate to the text   [10 marks]

_____________________________________________________

Tort, Crime and Contract

The law of Tort and Criminal law are two clearly separate areas. Both amount to wrongdoing, the major differences are in the purpose each area of law has and in which court the case will be [1] ________ (hearing).

Both Criminal law and the Law of Tort give rise to [2] ________ (liable) for the person who has done something wrong. The key difference between the two types of liability is that a crime is an act against society and a tort is a wrong against a particular individual.

Therefore it is correct to say that the main function of criminal law is to protect the  interests of the public and the main function of the law of Tort is to [3] _______ (provision)  a harmed person with redress for the loss they have sustained.

Whereas any crime is [4] ___________ (punishment)  by the state and cases are heard in the criminal courts, Tort is a civil action. The procedures are quite [5] ________ (differ). As opposed to prison, the purpose of Tort is to obtain damages for the loss [6] _______ (suffering) by the claimant.

The relationship between Tort and Contract law is somewhat [7] ________ (close) than this. The recent trend in some UK Universities has been to speak of a general “law of obligations” where an injured party can seek a remedy from the civil courts for [8] ________ (harmful) done, either because of a breach of contract or because of a general failure of the defendant to take proper care. It has been established for many years that the existence of a contract between the parties does not prevent an action in Tort.

Major differences do still exist between actions in Contract and Tort. These are mostly [9] ________ (connect]  with different rules on limitation periods for the commencement of a civil action, different rules on the quantum of damages and different rules on how closely linked the action of the defendant must be to the loss suffered by the [10] ______ (claim).

In cases where there is both contractual and tortuous liability, the  plaintiff  can often opt for the most advantageous form of action.

A_2 Match the beginning of each sentence (1-5) with an ending (a-e). [mark 5]

1. The last two rights clearly apply	a. control if the directors fail to protect their interests?
2. The supervisory board is made	b. up of outside experts.
3. Can shareholders exercise	c. of their shares
4. They can either get rid	d. benefits as a group.
5. Shareholders accrue	e. to shareholders.

A_3 Read the article and decide what is the best answer a, b or c [14 marks]

Employment lawyers will soon experience a major boom in work after the European Commission last month [1] a) had been publishing    b) published             c) has published  plans to outlaw discrimination in the workplace on the basis of age, religion and sexual orientation. At present, UK domestic legislation only [2] a) allows for                b) allows on                   c)allows with claims against employers on the grounds of race, sex and disability. The proposed directive would also [3] a)be cover            b)have covered   c) cover, inter alia, discrimination based on age and religion.

Further directives are also planned. A second one would deal with [4] a)outlaw               b) outlawing        c) outlawed discrimination on the grounds of race and ethnicity more generally, while a third envisages a "programme of action" [5] a) provided                   b) providing         c) provides practical support and funding for education on race-discrimination issues and for groups which target race discrimination.

Once passed, the directives would place a deadline on transposition [6]  a) in                       b) into                  c) on the national laws of the member states and might allow people to bring claims against governments and other state employers, such as local councils.

The directives would add a large number of other European measures already enshrined in  UK law, such as those covering maximum [7]  a) work                b) working           c) workable  hours and entitlement to parental leave, which were enacted last year, and have led to a huge growth in work for employment practitioners. It is only since the Amsterdam Treaty was passed last summer that European law-makers [8]  a) have           b) will have           c) have had the ability to introduce anti-discrimination legislation on any basis other than sex.

David Cockburn, the former chairman of the Law Society's Employment Law committee, said: "the whole discrimination industry will [9] a) take off   b) take in        c) take up in the next four or five years because of so much legislation in the pipeline", he said advising employers on how to avoid claims and increased awareness amongst the public of their rights would give rise [10] a) to            b) in            c) for more work for solicitors. Mr Cockburn added that the scope of discrimination would also be opened up by a broader definition of indirect discrimination in the directive which would "remove any artificial hurdles claimants currently have to cross".

Elizabeth Adams, chair of the Employment Lawyers Association's international committee, said the directives would mean "more legislation for employers [11]  a) tackling b) for to tackle              c)  to tackle, more claims and more work for lawyers" as well as a " simpler route for claimants".

A_3.1 Read the whole text again and decide whether these statements are true or false

1. Elizabeth Adams thinks that the directives will make it easier for employees to file a complaint against an employer
2. David Cockburn thinks the discrimination industry will expand over the next few years because so many new laws have been passed
3. A directive concerning entitlement to parental leave will soon be made into law in the UK

A_4 Grammar Choose the best answer a, b or c  [5 marks]

1) In the past ten years, the attorneys in our firm _________a large number of landlord/tenant disputes

a) handled              b) have handled      c) had handled

2) The client has  not yet decided what type of company he ______ to form

a) wanted               b) wants                 c) is wanting

3) The benefit  of  a contract is an enforceable right ______________ the other party.

a) under                 b) against               c) of

4) The  duties ______ by directors to company can be classified into two groups

a) are owed            b) will be owed       c) owed

5) According to the statutes, the chairperson ______ preside at the EGM

a) must                  b) must to              c) might

A5 Below is a letter of a lawyer to inform Mr Martinez of the matters she has discussed with their mutual client. The sentences have been mixed up. Put them into the correct order. [6 marks] 1__2__3__4__......... 5__ 6 __

Dear Mr Martinez,

A) I also informed Mr Watson about the steps involved in the process, from the initial drawing up of a power of attorney, to setting up a bank account and arranging financing, through to the final signing of documents . Mr Watson now knows what to expect.

B) I had a meeting with Mr Watson This morning, and I would like to inform you of the matters we discussed in connection with the sale.

C) First of all, Mr Watson stated that he would gladly make use of your services for the transaction, and has agreed to the flat fee of  € 1,000  you have requested.

D) Thank you very much for your email of 17 May, in which you offer to provide your services in assisting my client, Mr Edward Watson, in purchasing a house in the Costa del Sol region of Spain.

E) Please do not hesitate to contact me if I can be of any assistance. Thank you for your efforts on Mr Watson’s behalf.

F) I have one request: could you please provide me with copies of all documents you draw up in connection with the house purchase? 

Yours sincerely

Teresa Blackwell.

A_6  Complete the clauses about a tenancy agreement using the words provided below [10 marks]

a)   harmless   b)   premises    c)    herein       d)   thereon    e)   liable               

f)    lessee    g)   quietly    h)   reasonable       i)     deemed  j)     rules               

INSPECTION OF PREMISES. Lessor and  Lessor’ s agents shall have the right at all [1] _______ time during the term of this Agreement to enter the [2] _________ for the purpose of inspecting the Premises and all buildings and improvements [3] __________ and also for the purpose of making any repairs, additions or alterations as may be [4] _________ appropriate by Lessor for the preservation of the Premises or the building.

2.  IDEMNIFICATION. Lessor shall not be  [5] __________ for any damage or injury of or to the Lessee, Lessee’ s family , guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and [6] _________ hereby agrees to indemnify, defend and hold Lessor [7] _________ from any and all claims or assertions of every kind and nature.

3. QUIET ENJOYMENT.  LESSEE, upon payment of all of the sums referred to  [8] _________ as being payable by Lessee and Lessee’s  performance of all Lessee’s agreements contained herein and Lessee’s observance of all  [9] ___________ and regulations, shall and may peacefully and [10] _____________ have, hold and enjoy said Premises for the term hereof.

A_7  Fill in the gaps with the correct preposition [10 marks]

1. Notice of any change must be __________ writing.
2. __________ the Sale if Goods Act 1979, goods must be of merchantable quality
3. The case arose __________ a poorly drawn up contract.
4. We are bound __________ the terms of the contract.
5. The smoking ban came_________ force on July 1.