UNIVERSITY OF CAMBRIDGE ESOL EXAMINATIONS 6 MAY 2006 English for Speakers of Other Languages Test of Reading INTERNATIONAL LEGAL ENGLISH CERTIFICATE Part 5 Questions 43 - 48 Read the following website article relating to US employment law. Choose the best sentence from the opposite page to fill each of the gaps For each question 43 — 48, mark one letter (A — H) on your answer sheet. Do not use any letter more than once. There is one extra sentence which you do not need to use. There is an example at the beginning (0), Is your company adequately protecting its rights? This article provides a checklist for employment matters. Make certain your employment agreements and any employee handbocks specify employment is “at will” (0)... Avoid non-competition clauses with employees (and with your customers) stating that your employees cannot compete with you or work for your competitors or customers after they leave your company. (43) Confidentiality agreements, on the other hand, are generally upheld. Ii you use independent consultants, be sure you can justify your decision not to make them employees if the government enquires. (44) Have a written agreement with each independent consultant stating, that he/she is an independent consultant and is responsible for his/her own taxes et. Apply your company policies consistently to all employees. An employee handbook is advisable; this should make it clear what the exact rules are and ensure consistency. (45) The handbook should state that it may be amended by the company at any time. Have each employee sign an acknowledgement of receipt of any employee handbook and any major amendments to it. (46) If you do this, either have them sign it at the time when they first start work or give them additional consideration (small amounts of stock or money) for signing. Where existing employees are not given additional compensation to sign, the agreement may not be enforceable Follow disciplinary procedures consistently with each employee. Before termmating any employee, give repeated oral and written wamings over time if at all possible. Write up your conversations and place them and the written warnings in the employee’s personnel file. Have a written policy prohibiting sexual harassment as well as discrimination concerning race, gender, age and, in California, sexual orientation. (47) _.. Distribute all of these policies to your employees and have each employee sien en acknowledgement of receipt for them. Where an employee alleges harassment or discrimination, investigate and take appropriate disciplinary action if warranted. If you fail to adequately investigate, your company may be held liable for acts by its employees. Have an express computer-use policy which states the following. Employees may only use your computer systems for purposes related to your business. Employees may not use the e-mail or on-line access for objectionable materials or messages of any kind. (48) ... Alle-anails and materials seat or recerved with the company’s equipment may be subject to review by the company. ‘You must post all required federal and state employment notices. If you are in Colifomia, the California Chamber of Commerce has all the employment posters that must be posted, plus required Unemployment Insurance and State Disability Insurance pamphlets and required Sexual Harassment pamphlets 106 MAY 2006 Test of Reading A. Expressly give the employees several different people in the company to contact if they believe they have encountered prejudice in any of these areas. B_ In Califomia, these restrictions on employees are generally invalid and can lead to lawsuits by employees alleging restraint of trade. C_Itis important to preserve these rights, because they protect you from having to prove there is a valid business-related reason to terminate an employes. D_ Ifyou have one, follow its provisions and have it reviewed periodically for changes in the law and in business conditions. E Nor should they use it for any material protected by copyright law, trademark law, etc. without the permission of the owner. F Consider having employees enter a separate agreement to arbitrate (rather than litigate) all disputes regarding employment. G One rule of thumb: they must eam at least one-third of their income from sources other than your company or be incorporated. H_ If they fail to make this explicit, fired employees may file lawsuits on the basis that they were not fired for proper cause. "1UNIVERSITY OF CAMBRIDGE ESOL EXAMINATIONS 12 MAY 2007 English for Speakers of Other Languages Test of Listening INTERNATIONAL LEGAL ENGLISH CERTIFICATE Part 1 Questions 1-6 You will hear three different extracts. For questions 1-6, choose the answer (A, B or C) which fits best according to what you hear. ‘There are two questions for each extract. You will hear each extract twice. Extract One You will hear part of a lecture on the subject of loan transactions. 1 What is the lecturer doing? A outlining a case B explaining a procedure providing 2 solution to a problem 2 The lecturer refers to the possible unavailability of an asset to illustrate A _ the caution displayed by lending banks. B the uncertainty attached to such purchases. the speed needed in preparing paperwork. Extract Two ‘You will hear a conversation between two law students about a book they have both read. 3 How does the man feel about the book? A. optimistic about its commercial success B relieved at being able to understand it impressed by the originality of its approach 4 The woman mentions the course they are both attending because she is A considering recommending the book to other students, B__ underlining a point mace by the book’s author. © questioning the book's relevance to their studies12 MAY 2007 Test of Listening Extract Three You will hear a young lawyer called Jon Elam talking to a group of law students about his work as a litigator. 5 What makes the work of a litigator interesting for Jon? A. the detailed preparation required B the organisation of complex cases the interaction between different people 6 Jon believes the main responsibility of a litigator is to ensure that A the client can communicate with the whole team of lawyers. B the client can make fully informed decisions. the case does not damage the client's reputation.Law Collocations 1 Look at the expressions in the box below. Which means alaw unto herself laying down the law against the law take the law into my own hands no-one is above the law by law in trouble with the law law-abiding —_ my word is law a) suspected of having committed a crime? b)_ she doesn't follow rules? ©) weare all equal in the eyes of the law? d) take revenge without using the le €} bossing people about? f) What I say must be respected? @ illegal? h) obeying and respecting the law? i) legally? system? 2 Complete these sentences with the expressions in 1 a) After years as a b) Policeman: You were doing 160 kilometres per hour. Prince: Yes, but do you know who Tam? Policeman: Yes, but ¢) There was a constable here earlier. I think Mark’s agai d) Twas tempted to___and wring his neck. e) ‘Do this! Do that! Be back by 10!’ My father was alw f) You can never tell what Ruth’s going to do. She's g) I'm the boss and h) Most Europeans are required __ to carry 1D cards. i) Insome countries it's __ to chew gum. 3) Read the text. What did Miss Black do? What does she want? Rill 3 Crimes: PO aL an CROWN vs. BLACK sweating in public Miss Black is the girlfriend of kidnapping an armed robber. At her trial, daring artving she was found guilty of hiding. grat evidence from the police to trespassing protect her boyfriend, and dropping litter was sentenced to two years in prison. Now, after snopiitting ‘eight months, she is eligible to be released from rope prison on parole. Her lawyers will make the case for ities her release at a in front of a aa of fad judges, who will decide whether or not to erie anasisieng her request. computer viruses ‘She has behaved perfectly correctly in prison, Gmaulingapolice omncer: and in normal circumstances her parole would be Branted, However, the case received a lot of armed robbery publicity, as two children were injured during the arson robbery, and public opinion is against her release. drug dealing hacking Class discussion, Should government or public opinion blackmail be allowed to influence the course of justice? citizen, John decided to rob a bank and flee the country. 4 Putthe crimes below in order of seriousness. Decide on the punishment you think a person guilty of each crime should get. Punishments: A probation B fine ¢ imprisonment D community service E dectn penalty F iife in prison G other [your idecs)HEIR News Moussaoui is spared death penalty Al-Qaeda plotter Zacarias Moussaoui is to face life in jail, rather than execution, for his role in tho 9/14 attacks, a US jury has decided. ‘The proseuution haul called for the death sentence, erauing that "there is no place on this gace Earth’ for him But datencs lawyars cuccossfully argued ha shaulé face lif in prison, rather than martyrdom through evecution. ‘95 the verdict: was read out, Moussaoui, the orly man to b prosecuted over 9/11, shouted: "America, you lost!" Curing six weeks of testimany in Veginia court, prasecutors hadi argued he withheld infcrmation that could have helped prevent the atraccs an New York and Washington Undor cross-oxamination, Moussaoui said he hadi “no rograt, no remorse" and wishod it could bo 11 Septembor 2001 every day, ‘Minor rolet Moussacui was arrested on immicration charges at a fight simulator school in Winnesata in August 2001 ‘Although he was in jail at the time of the attacks, orasacutors said he told lies to allow the plot to continue Although full datalls of the jury's vote haye not been made publ, 2 court sookesman said the verdict in favour of lita imprisonment was net unanimous. But Moussaoui receivad the sentence nonetheless becouse under US law, all members of a jury must be in agreement where a death sertonos is te be handed dawn. surors did unanimously reject the suggestion - put farward hy Moussanui’s defence -that the death nenaty would help fulfl tha defendant's visions of martyrctom ‘Tare jurors fot his knawledga of the 9/11 plot was limited and three jurors said that it he was involved in the attacks, his role was a minor one: According ta BBC correspondent Mati: Frei the government effectively lost the case: He says the prosecution failed ta demonstrate to jurors thet Moussacui had known the whole truth about the attacks boforshand - and that had he told the truth, the attacks would have been proventod. "america won tonight’ During the sis-week sentencing trial, the jury of nine men and three women sat through tortuous legal arguments and harrowing evidence gathered from the bloodiest terror stacks in US history. Tostimary was hacrd from witnesses who survived the attacks on Naw Yark and Washington and pictures ware shawn of the carnage caused when the hijacked aircraft crashed into their targets The Jury alsa heard a volo recorcing fram the cockpit of the hilacked United Airines fight chat crashed into a fled in Pennsylvanis, Cartie Lomack, whose mothor died aboard one of the aircraft hijacked on 9/11, said after the verdict that Mcussoul had got the sentence he deserved. "He was an al-qaeds wannabe. He wanted to kil Americans,” she saic Tha verdict clearly upect ona of the jurors, according to BRC corrasaardent James Cocmarasamy, many of the victims’ families ware not happy with the verdict -though athers ssid they were relieved Moussaoui hee ct been allowed ta beceme a martyr, The former Mayor of New York, Rudoloh Giuliani, who was in the cty at the time of the ettacks and testified in Moussaoui's trial, said a death sentence ought ta have been passed on a man who lied to investigators alcut the plot. “if he'd told the tuth he could have prevented it. For me, that would meke him a material and ¥ery important part of the conspiracy,” Mr Giuliani said But, he acied, the versict had reinforced his faith in the US justice system. ‘The greater value is Cemionstrating what America is tke, he said. “America won tonight. US Prosidant George W Bush ssid the verdict prasontod "the ond of this case but not an and to the fight against terror’. Story fromm BBC NEWS: http://neuis.bbe.co.ul/go/pr/tr/-/2/n /americas/4943198 stm