FACULTY OF LAW

CAREER OF LAW
ACADEMIC SEMESTER 2022-I

FINAL EXAM - FIRST PART

SUBJECT: INGLÉS JURÍDICO I (LEGAL ENGLISH I)

PROFESSOR: EDUARDO HINOJOSA C.

STUDENT:

CODE: SECTION: 800 DATE: 20 / 07 / 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 the fair use as the use as the limited used a copyrighted material without
permission, that can be used for educational purposes.

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

Copyright law has the objective of finding a balance between the rights of copyright
owners and society's interest in ensuring the free flow of information.

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

Rebecca thinks the balance of power has been shifting to copyright holders at the
expense of educators.

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

Patrick mentions that there are 4 factors to take into consideration: the purpose, the
nature of the copyrighted work and the amount of work used in relation to the whole
work. Finally, he mentions that you have to consider the effect of the use of the material
on the market.

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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. TRUE 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 FALSE
4) The four-factor analysis helps determine whether the use of copyrighted material falls
under the “fair use” doctrine. TRUE FALSE
5) Rebecca points out that the four-factor analysis is subjective and therefore not reliable.
TRUE FALSE

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?

Liquidated damages are defined as the amount of damages agreed by the parties and
set in the contract that must be paid in case of a breach of contract, in order to
compensate the injured party because it’s hard to know the actual amount of the loss
incurred by the breach.
clause referring to an amount predetermined by the parties as the total amount of compensation a
non-breaching party should receive if the other party breaches a part of the contract

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 (2)

B. Relationship between the stipulated amount and the damages sustained (4)
C. Components of a liquidated damages clause (3)
D. Definition of liquidated damages (1)

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.
TRUE FALSE
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2. Recently, courts have tended to place little importance on the intentions of the
contracting parties when reaching decisions concerning liquidated damages.
TRUE FALSE
3. The court´s decision whether the stipulated damages are intended as a penalty or not
depends largely on the reasonableness of the amount.
TRUE FALSE

1 A penalty provision is included in an agreement in order to compensate the non-breaching party for
anticipated losses resulting from a breach.
2 Courts will generally strike down a penalty provision. leaving the injured party no further means of
recovering damages from the breaching party.
3 Recently, courts have tended to place little importance on the intentions of the contracting parties
when reaching decisions concerning liquidated damages.
4 The court's decision whether the stipulated damages are intended as a penalty or not depends largely
on the reasonableness of the amount.

1 Se incluye una cláusula de penalización en un acuerdo para compensar a la parte que

no incumple por las pérdidas anticipadas resultantes de un incumplimiento. F

2 Por lo general, los tribunales anularán una disposición de sanción. dejando a la parte
perjudicada sin más medios para recuperar los daños de la parte infractora. F

3 Recientemente, los tribunales han tendido a dar poca importancia a las intenciones
de las partes contratantes al llegar a decisiones sobre daños y perjuicios. T

4 La decisión de la corte sobre si los daños estipulados son o no una sanción depende
en gran medida de la razonabilidad de la cantidad. T

1. False
2. False
3. True
4. True
.
Reading passage:

Contractual Remedies: Liquidated Damages

1) Definition of liquidate damages

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.

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Cuando las partes celebran un contrato, a menudo desean calcular los daños
que sufrirían una o ambas partes en caso de incumplimiento del contrato por parte de la otra parte.
Las disposiciones de un contrato que estipulan el monto requerido para compensar a una parte
lesionada en caso de incumplimiento se denominan cláusulas de "daños liquidados". El propósito de
las cláusulas de daños y perjuicios es que la parte infractora evite los costos que surgen en la difícil
tarea de probar el monto de la pérdida realmente sufrida. Tales cláusulas son exigibles cuando están
cuidadosamente redactadas para compensar a la parte que no incumple por la pérdida causada por el
incumplimiento.

2) Liquidated damages provisions distinguished from penalty clauses

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) Components of a liquidated damages clause

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
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) Relationship between the stipulated amount and the damages sustained

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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?

It is divided into, copyrights, patents, trade secrets and trademarks.

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

A tort can be defined as a civil wrong, that excludes breach of contract, in which a
person was injured by loss or damage resulting from the tort to claim damages in
compensation. And the four main types are negligence, trespass, defamation, nuisance.

a wrongful or illegal act resulting in injury to another's person, property, or reputation, for which the
injured party may ask for money or some compensation.
negligence, trespass, defamation, nuisance

negligencia, entrar en propiedad privada, difamación,

perturbaciones

3) Mention four (04) types of damages.

liquidated/stipulated damages
exemplary/punitive damages
general/actual damages
expectation damages

4) Mention 4 negotiable instruments.

Promissory Note, Certificate of Deposit, Bill of lading and Bills of exchange.

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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 FALSE
2. Negotiable instruments are generally not subject to the nemo dat rule.
TRUE FALSE
3. n.
TRUE FALSE
4. A tort is a criminal wrong.
TRUE 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 construction
5) Amend amendment
6) Dismiss dismissal

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

1) tangible intangible

2) Commonplace uncommonplace

3) Similar dissimilar

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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) Assignor-assignee

2) Franchisor-franchisee

3) Obligor- obligee

4) Offeror-offeree

- employer - employee
- assignor – assignee
- promisor – promisee
- drawer – drawee
- payer- payee
- debtor – debtee
-

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