FACULTY OF LAW

CAREER OF LAW
ACADEMIC SEMESTER 2022-2

FINAL EXAM
SUBJECT:  INGLÉS JURÍDICO I (LEGAL ENGLISH I)

PROFESSOR:  EDUARDO HINOJOSA C.

STUDENT:  Valeria del aguila

CODE:  20182517 SECTION: 800 DATE: 30 / 11 / 2022

DIRECTIONS:    
- The use of class notes and legal texts is NOT allowed.  
- Exchange of class and study supplies is FORBIDDEN (liquid paper, marker, eraser, etc.).
- Switch off cellular phones and any other electronic devices whatsoever
 
during the exam.
- Duration: 90 minutes

SECTION I (5 POINTS)

LISTENING COMPREHENSION

In the following conversation, you will hear a discussion on the topic of the use of
copyrighted material for educational purposes.

Part 1 (2.00 points) (0.5 pt. / each correct answer)

Listen and answer the following questions:

1. How do Thomas and Rebecca describe the concept of “fair use” in American law?

they describe it as concept that permits to make limited use of copyrighted material without
permission, for example, for educational purposes, so teachers are allowed to display,
perform, or make photocopies of the work of others. But, in the case of distance learning, the
fair use is more limited.

2. According to Patrick, what is the objective of copyright law?

To Patrick, the aim of copyright law has always been to find a balance between the rights of
copyright owners and society interests in ensuring the free flow of information.

3. Who does Rebecca think is in the stronger position, copyright holders or

educators?

she thinks copyright holders are in the stronger position because

4. According to Patrick, how many factors need to be taken into account when
assessing “fair use”?

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there are four factors: the purpose and character of the use of the content, the nature of the
of the copyrighted work, the amount of the work used in relation to it, and the effect of the
use of it.

Part 2 (3.00 points) (0.6 pt. / each correct answer)

Decide whether these statements are TRUE (T) or FALSE (F):

1) The “fair use” doctrine only applies to the use of copyrighted materials in traditional
face-to-face classroom situations. FALSE
2) Thomas has a basic understanding of what distance learning is, and is aware of one
of the intellectual property issues it raises. TRUE FALSE
3) Rebecca argues that in the future it is likely that a teacher’s right to use copyrighted
material without permission will become increasingly restricted. TRUE
4) The four-factor analysis helps determine whether the use of copyrighted material falls
under the “fair use” doctrine. TRUE
5) Rebecca points out that the four-factor analysis is subjective and therefore not
reliable. TRUE

SECTION II (5 PTS.)

READING COMPREHENSION

The following text is an excerpt from a contract forms book typically consulted by lawyers
when drafting a contract. It is an introduction to the concept of liquidated damages. Answer
the questions below:

Part I (1.00 PT.) (1.00 pt / correct answer)

Read the first paragraph. How are liquidated damages clauses defined?

According to the first paragraph, in contracts, liquidated damages are provisions that are
stipulate the compensation, as an amount of money, when a party in the contract get injured
in the event of a breach.

Part II (2.00 PTS.) (0.5 pt / correct answer)

Read through the whole text quickly. Then match these headings (A – D) with the sections
they belong to (1 - 4).

A. Liquidated damages provisions distinguished from penalty clauses

B. Relationship between the stipulated amount and the damages sustained
C. Components of a liquidated damages clause
D. Definition of liquidated damages

Part III (2.00 PTS.) (0.5 pt / correct answer)

Decide whether these statements are true or false:

1. A penalty provision is included in an agreement in order to compensate the non-

breaching party from anticipated losses resulting from the breach.
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FALSE

2. Courts will generally strike down a penalty provision, leaving the injured party no
further means of recovering damages from the breaching party.
FALSE
3. Recently, courts have tended to place little importance on the intentions of the
contracting parties when reaching decisions concerning liquidated damages.
TRUE
4. The court´s decision whether the stipulated damages are intended as a penalty or not
depends largely on the reasonableness of the amount.
TRUE

Reading passage:

Contractual Remedies: Liquidated Damages

1) d
When parties enter into a contract, they often wish to calculate the damages which would
arise for one or both of the parties in the event that there is a breach of contract by the
other party. Provisions in a contract stipulating the amount required to compensate an
injured party in the event of a breach are referred to as “liquidated damages” clauses. The
purpose of liquidated damages clauses is for the non-breaching party to avoid the costs
which arise in the difficult task of proving the amount of the loss actually incurred. Such
clauses are enforceable where they are carefully drafted to compensate the non-breaching
party for the loss caused by the breach.

2) a
A contractual party may, in certain instances, try to make certain that the other party
performs its contractual undertakings by including provisions which, in reality, constitute a
penalty for failure to perform.

In contrast to a liquidated damages clause, a penalty clause is not intended to compensate

the injured party for anticipated loss arising from the breach. On the contrary, the purpose of
penalty provisions is to serve as a deterrent to breach in that it provides for damages which
the parties know extend far beyond that which would normally compensate the non-
breaching party for its loss. In many jurisdictions, the courts will sever the penalty clause
from the contract, holding it to be unenforceable as a penalty. The result is that the non-
breaching party is forced to prove its loss in accordance with the principles of contractual
remedies. In light of the above, it is crucial when drafting a damages clause that it contains
the elements of an enforceable liquidated damages clause as opposed to an unenforceable
penalty.

3) c
Historically, an enforceable liquidated damages clause will include the following elements:
a) The anticipated damages from the relevant breach are uncertain in amount or difficult to
prove;
b) An intent by the parties to determine the damages in advance; and

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c) A stipulated amount which is reasonable, not considerably
disproportionate to the presumed loss or injury.
The recent tendency of the courts is to give less or no weight to the subjective intent of the
parties. Instead, the courts take into consideration all three elements, together with other
factual circumstances, such as the relative bargaining power of the parties, to determine the
reasonableness of the clause at issue.
The primary issue for the court to decide is that of reasonableness of the prescribed amount
of damages in proportion to the presumed loss for the non-breaching party. As such, the
court must assess whether the fixed amount is a realistic attempt to calculate the actual
damages which may result from the breach, or whether the amount represents a penalty the
non-breaching party is attempting to impose on the breaching party.

4) b
The courts generally look to the time of contract in determining the reasonableness of the
damages set forth in it. Consequently, the actual loss incurred is immaterial, provided the
damages at the time of contract represent a reasonable prediction. Of course, the breaching
party has a very difficult to make regarding unreasonableness where the predicted amount is
close to the actual loss. The Uniform Commercial Code in the United States, in contracts for
the sale of goods, permits liquidated damages clauses which prescribe amounts reasonable
considering the actual loss. In rare cases, where the non-breaching party incurs no actual
damages, the courts will not enforce a liquidated damages clause.

SECTION III (5 PTS.)

LEGAL CONCEPTS AND VOCABULARY

Part 1 (2.00 points) (0.5 pt. / each correct answer)

Answer the following questions:

1) Mention four areas into which IP rights are divided?

patents, trademarks, copyrights and trade secrets

2) What is a tort and which are its four main types?

a tort is an act or omission that causes damage or an injury to someone, because of a

wrongdoer’s violation. the types are intentional torts, negligence, strict liability and
defamation

3) Mention four (04) types of damages.

expectation damages, general damages, reliance damages and restitution damages.

4) Mention 4 negotiable instruments.

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promissory notes, certificates of deposit, debentures and traveler's
checks.

Part 2 (2.00 points) (0.5 pt. / each correct answer)

1. A patent is an exclusive right granted to authors of creative works to control the use
of their original works.
TRUE
2. Negotiable instruments are generally not subject to the nemo dat rule.
TRUE
3. n.
TRUE FALSE
4. A tort is a criminal wrong.
FALSE

Part 3 (1.00 point) (0.25 pt. / each correct answer)

Which word in each group is the odd-one-out?
Examples:
Plaintiff - Expert witness - Employer - Defendant
Acceleration - duress - severability - assignment

1. Promissory note - alienability - price-fixing - holder in due course

2. Nuisance - breach of contract - trespass - defamation
3. Non-obviousness - novelty - passing off - utility
4. Cybersquatting – picketing – lockout – strike

SECTION IV (5 PTS.)

GRAMMAR AND LANGUAGE SKILLS

Part 1 (3.00 points) (0.5 pt. / each correct answer)

Give the corresponding abstract or generalizing noun for each of the following verbs:
Examples: organize –organization; arrange - arrangement

1) Assign assignment
2) Oblige obligation
3) Enact enactment
4) Construe un construe
5) Amend amendment
6) Dismiss dismission

Part 2 (1.00 point) (0.25 pt. / each correct answer)

Add the prefixes dis-, in-, non-, un-, or im-, as it may correspond, to each of the
following adjectives to form its opposite:
Examples: possible – impossible: certain - uncertain

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1) tangible intangible

2) Commonplace uncommonplace

3) Similar non similar

4) Suitable unsuitable

Part 3 (1.00 point) (0.25 pt. / each correct answer)

Give four (4) pairs of counterparts in contracts, negotiable instruments or other legal
documents:
Examples: employer – employee donor – donee

1) promisee – promisor

2) seller – buyer

3) tenant – lessor

4) endorsement – endorsed

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