UNIVERSITY OF CAMBRIDGE ESOL EXAMINATIONS 6 MAY 2006 English for Speakers of Other Languages Test of Reading INTERNATIONAL LEGAL ENGLISH CERTIFICATE Part2 Questions 13-24 Read the following extract from a journal article about civil litigation Think of the best word to fill each gap. For each question 13 - 24, write one word in CAPITAL LETTERS on your answer sheet. ‘There is an example at the beginning (0) Example: oy, iy} ‘Making the litigation process cost-effective When (0) comes to litigation, everything has its price. That price may be expressed in simple monetary ferms or in money’s worth, By monetary ferms Tam referring (13) the order for costs which your client may have to meet (14) a result of the manner (18) which you conduct his litigation ‘There are many instances (16) inadequate planning will have an impact (17) costs. (48) Tmean by money’s worth is the hidden or less immediately apparent costs. (19) me give you some examples Firstly, there are the costs in legal fees to your client of taking any step. Then there are the hours spent by your client in carrying (20) any particular task which will enable you to progress his claim, (21) _... to mention the opportunity costs to your clieat of spending. those hours on this piece of litigation (22) than running his business. Finally, there is the cost to your client of (23) denied any access to the damages which a successful claim would enable him to use in his business It is always important to balance the retum with the investment — financial as well as emotional. A risk/benefit analysis should be undertaken at (24) single stage of the process.UNIVERSITY OF CAMBRIDGE ESOL EXAMINATIONS 6 MAY 2006 English for Speakers of Other Languages Test of Listening INTERNATIONAL LEGAL ENGLISH CERTIFICATE Questions 7 — Part 2 You will hear a lawyer called Paul Edwards answering questions from a seminar audience after giving a talk on environmental law. For questions 7 - 11, choose the best answer A, B or C ‘You will hear the recording twi 10 1 What does Paul say about the type of young lawyer who is attracted to environmental law? A They may find it difficult to get employment. B Most of the cases they deal with are essentially about other matters. The commercial reality of the law may clash with their beliefs. What does Paul think about the claimant work done by smaller law firms? A The support of the public allows it to be taken forward B Cases are rarely heard due to lack of funding. C__ tis likely to grow considerably in future years. What does Paul say about the attitude of big businesses towards the environment? A They tend to be much more aware of the issues than the public realise. B They sometimes form unwise policies through lack of legal consultation. They do not always act on the legal advice they are given. ‘The protected animals that Paul tells us about provide an example of A the consequences of clients ignoring the law. B the frustrating nature of much of his environmental work. C the diversity of the environmental cases taken on by his firm. What does Paul enjoy most about his job? A its fundamental importance B its intellectual challenge the communication with international bodiesPrepositions Find the mistakes THE TWENTY SENTENCES in this exercise contain mistakes. The mistakes are all in the prepositions and there are three types. 4, MISSING PREPOSITION I spokexhim about this last week. 2. 2. WRONG PREPOSITION We meeting again im,Tuesday. ort 3. UNNECESSARY PREPOSITION __ Ill elephone-te-you tomorrow, ind the mistakes and correct them. 1. It says in the newspaper that he’s been evading of income tax. ‘The prosecution tried to discredit at the defence wimess. {am writing in behalf of Mr and Mrs Smith, would like to report ofa theft, He wes awarded £100,000 to compensate of the damage caused by the manufacturer, ‘The directors ofthe firm were accused insider trading If you don’t tell me you'll be charged to withholding evidence. In view of your failure to pay, I have instructed to my solicitors to start proceedings immediately We have referred your question a the tribunal and hope te have an answer for you in the next few days 10, After six months in prison she will be eligible to parole. 1. The next national hotiday falls in a Monday. 12, They decided to sue at the landlord for failure to maintain the property.. 13. During the appeal he claimod that the original judge had been biased in favour to the plaintiff 14, The defendant was negligent to carrying out his duties as a trustee, 15, The company was declared to be of a state of insolvency. 16, My client disagrees with clause 6 of the contract which expressly forbids to sales in the USA. 17. The judge ruled that her evidence was inadmissible and it was expunged the report 18, Does the bill include of VAT or is that extra? 19. The judge acquitted to the husband but imposed a £250 fine on the wife. 20, He was found guilty of all charges and sentenced five years in prison, Extension, Write three sentences with deliberate mistakes in the prepositions. Check them with the ‘teacher, then show them to a partner to see if he or she can find the mistakes. © Peter Collin Publishing Based on the Dictionary of Lan, 2nd Ed, 1994 ISBN 0-948549-33-5Part 3: Exam practice (ELTs) SECTION 4 a QUESTIONS 1-4 6 cpt Complete the sentences below. Write NO MORE THAN THREE WORDS AND/OR A NUMBER for each answer. 1 Recent changes in society are eroding the traditional ________structure. 2. Slightly fewer than 50% of American children under 13 live in 3. Statistics show that cohabiting couples are more liable _____ than married couples, 4 DINKS focus on ______ rather than having children. QUESTIONS 5-8 Answer the questions below. a Write NO MORE THAN THREE WORDS AND/OR A NUMBER for each answer. 5 How many children in the UK now live in single parent families? 6 According to some sociologists, who are responsible for the rise in single parenting? 7 What have the largest group of lone parents never done? 8 Where are single parent families more likely to live? QUESTIONS 9-10 26 Choose TWO letters, A-E. coi Which two points does the lecturer give as disadvantages for living alone? A People living alone will need help from the community. It is more likely to foster a fragmented population. It is more expensive for an individual to live alone. B € It creates an accommodation shortage. D E People may have children too late. ° 10 Family matters 39Family Law Below are the main areas that Family Law covers. The text gives excerpts from those areas. Write one area above each text Adeption- Estate Planning Child Custody Insurance Estates and Trusts Marriago Children’s Rights Divorce ae Adoption The process by which a legal parent-child relationship is created between individuals not biologically parent and child. The parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal. Children are generally afforded the basic rights embodied by the constitution. As a result of this both parties’ status becomes single again. ‘The process by which an individual or family arranges the transfer of assets in anticipation of death. Generally, a trust is a right in property (real or personal) which is held in a fiduciary relationship by one party for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. While types vary widely, their primary goal is to allocate the risks of a loss from the individual to a great number of people. A contract based upon a voluntary private agreement by a man and a woman to become husband and wife. &4 Section 5: Civil lawEno foe es Kind Definition Example Cohabitation A contract made by two individuals who intend to | Ed and Cisire meet at a bank where they work. Agreement stay unmattied indefinitely that covers financial and | After dating several years, they decide to live related matters while living together, upon together. Although they give birth to a child, thay separation, or upon the death of one of them. do not want to be married. They enter an greement that specifies what provertyis separately ‘awned and how they will vide property purchased with joint funds in the event of a separation. Premarital ‘A contract made by two individuals who are about | jim and Mary want to marry. Each has a child from Agreement (also called preruptal agreement (3 tobe married that covers spousal support, property division, and related matters in the event of the separation of the partias, the death of one of them, @ prior martiage. Before the wedding, they enter an ‘agreement that specifies the property each brings to the marriage as separate property. The agreement “prenup") or or the dissolution of the marriage by divorce or states thet neither will have any nghts in this, antanuptal annulment. property it will go to the children from their prior agreement) marriages. n addition, the agreement states that all incorre earned by a party during the marriage shall be the saparate property of that party rathar than marital or community property. Postnuptial ‘A contract made by two individuals while they are | While happily married, George and Helen enter an Agreement Married that covers financial and releted matters. | agreement whereby George lends Helen $5,000 at ("posinup”; also The parties may have no intention of separating. If | 5% interest. She isto make monthly payments of Glled a micmarriage | they have this intention, the agreament is called | $300. (To make this loan, George uses monay he cor midnuptial separation agreement. recently inherited from his mother) agreement) ‘Separation ‘A contract made by two married indwviduals who | Sam and Jessica have separated. in anticipation of Agreomont have separated or are about to separate that covers | their divorce, they enter an agreement that spacifies support, custody, property division, and other terms of their separation. how their marital property will be divided, who will hhave custody of their children, and what their support dbligations will be. Later they will sk the Givorce court to approve this agreement. ASSIGNMENT 9.4 What standards exist in your state to guide the judge on the decision to grant custody when the dispute is between the two biological parents? ASSIGNMENT 15.12 In your state, who is eligible to adopt children? Who is not eligible? Under what circumstances, if any, can a single person—an adult who lives alone—adopt a minor in your state? What rights and obligations are assumed by adoptive parents and children in your state? When, if ever, can consent to adoption be revoked in your state? (S$ YOOR WIFE TALKING To You YES, THOUGH HER SoLicitoR!Published on SeienceNordic (hitp://seiencenordic.com) Increased divorce rates are linked to the welfare state ‘Swedish research places the soaring divorce rates in recent decades on the shoulders of equal rights and social justice. Divorce statistics rose dramatically in the 20th century. In the carly 1900s marriages rarely broke up. Today half of all marriages end in divorce. This rate has held since the 1970s. But this isn’t necessarily a sign of moral downfall. According to Swedish researchers it hinges on the expansion of opportunities for making do without a spouse and on fairer distribution of wealth emong social classes In the old days divorce was primarily one of the privileges of the elite. A real alternative “Although divorces were relatively uncommon in the early 1900s, the divorce rate in many high-income groups such as lawyers, journalists and engineers was comparable to what you find in the general population today.” says researcher Glenn Sandstrém in a press release from the University of Umea. The development of the welfare state and the modern economic system have opened this opportunity to the majority. Sandstrim’s study shows that periods where divorce rates rose have coincided almost completely with times ‘of major progress in the welfare state. “The equalising of income which has occurred among social classes and between the sexes in the 20th century has contributed to making divorce a viable alternative, not just for the elite,” says the researcher. Indeed, since the 1960s most divorces have occurred within social groups with less ineome and less education. Individual opportunities “A special feature of the Nordic welfare model is that utilisation of the welfare system has not been linked to the family. Rather, it tends to be based on individual needs and the individual’s participation in the job market,” he says The economic model has evolved from families with a single breadwinner to households with two incomes. This trend has given both wives and husbands footholds in the job market outside the home. This development has contributed to a democratisation of access to divoree, particularly for women and people with low ineome. New attitudes However, in his study Sandstrém points out it’s impossible to comprehend divorce figures solely in light of economic and institutional trends. ‘An interplay has taken place between social changes and developments in our system of values. In the 1940s and 1960s especially, big changes occurred in attitudes and norms regarding the family, marriage and sexuality. He writes that individualistic and secular values have flourished and gained legitimacy. Now we are much more likely to think that each individual has the right to make his or her own decisions. Ingrid Spilde October 18, 2012 - 06:52