Anh Văn Pháp Lý - Book 2

Book
Virginia Evans
Jenny Dooley
David J. Smith - .
j d .
Express Publishing
Scope and Sequence
Reading
Unit Topic Vocabulary Function
context
1 Discovery Email discovery documents, discovery stage, interrogatory, Clarifying what
Documents mental examination, opposing, physical examination, someone means
privileged, request for admissions, request for
production, settlement, subpoena
2 Affidavits Affidavit affiant, affidavit, attest, fact,identification number, notary Expressing
public, perjury, signature, sworn statement, testimony hope
3 Legal Manual analysis, assignment, citation, conclusion, heading, Adding

Memorandums issue, legal memorandum, pertinent, recommendation, information
statement of facts
4 Legal Excerpt advocacy group, amicus brief, appellate brief, brief, Describing
Documents commence, dismiss, legal brief, legal position, merit, plans
merit brief, trial brief, unbiased
5 Motions Blog harassed, motion, motion for a new trial, motion for Asking for
change of venue, motion for protective order, motion for help
summary judgment, motion to compel, motion to
dismiss, motion to strike, movant, nonmovant, ruling
6 Intentional Advertisement civil litigation, damages, defamation, deliberate, harm to Making
Torts person, harm to property, injured party, injury, intent, an appointment
misconduct, tort action, torts
7 Negligent Memo actual cause, breach of duty, compensation, duty, duty of Asking for
Torts care, harm, liability,negligent tort, proximate cause, an opinion
prudence, reasonable person, standard
8 Nuisance Letter alternative, entitlement, excessive, injunctive relief, Describing
interferes, noise, nuisance, private, property, restitution, possible
settlement request, small claims court consequences
9 Strict Article absolute liability, culpability, damage, demonstration of Stating
Liability fault, good faith, hazardous, legal responsibility, uncertainty
precaution, unsafe
10 Product Article class action suit, consumer protection law, dangerous, Expressing
Liability defective, distributor, manufacturer, manufactured sympathy
product, product liability, retailer, safety, supplier
11 Contracts Advertisement adhesion contract, agreement of sale, bilateral contract, Asking about
breach of contract, contract of employment, distribution availability
agreement, implied contract, legal contract, loan
agreement, requirements contract, severable contract,
unilateral contract
12 Elements of a Email acceptance, appointment, assent, binding, consideration, Greeting
Valid Contract enforceable, exchange, object, offer, review, term, valid someone
13 Types of Blog arbitration, back out, bad faith, breach of fiduciary duty, Confirming
Contract collect, commitment, contract litigation. defenc. fa ure. details
Litigation fraud, recover, resolution
14 Professional Agenda advocate, competent representation, cc— ce -: a Offering
Conduct conflict of interest, diligence, frauc^ e-: - c a - a something
integrity, misconduct, profession = -aasc~ao!e to someone
fees, transaction
15 Attorney-Client Article attorney-client privilege, cc — : a : c e - ’ tial. Asking for
Privilege consent, disclosure, e re :: . e rer'='se-"=— a- a reason
Unit 1 - D isco very D o c u m e n ts ................
Unit 2 - A ffid avits ..........................................
Unit 3 - Legal M e m o ra n d u m s ................
Unit 4 - Legal D o c u m e n ts ........................
Unit 5 - M o t io n s ......................................
Unit 6 - In tentional Torts ..........................
Unit 7 - N e g lig e n t Torts ........................
Unit 8 - N u is an c e ..................................
Unit 9 - S tric t L ia b ility ................................
Unit 10 - P ro d u c t L ia b ilit y ......................
Unit 11 - C o n tr a c ts ....................................
Unit 12 - E lem e n ts of a Valid C o n tra c t
Unit 13 - Types of C o n tra c t Litigation
Unit 14 - P rofessional C o n d u c t............
Unit 15 - A tto rn e y -c lie n t P rivilege .
............ 34
Glossary ..................................................................................................
Discovery Documents
To: A lice W hite
From: A sa Pine
D o c u m e n t s fo r th e Peterson Case
Subject: Discovery
D ate: M ay 24
Dear Alice, 1 mental examination

We are in the discovery stage for the Peterson case.
I sent a request for production of documents to M .
Truesdale «h. opposing
nrovided the information and he also sent tne
completed interrogatory. The request for
admissions will be sent to us next week.
Mr Peterson’s conversations with his doctor are
privileged. Because of this. Mr. Truesdale has made
a request for a physical examination. The date and
time of the appointment and name of th
independent doctor are on the request. A menta opposing
examination has not been requested ye .
In addition, he asked whether Mr. Peterson will
consider an out-of-court settlement. He asked if you
would contact him about this before a trial date has
been set.
Finally - do we need to issue a subpoena to the
witness in this case? Please let me know so I can 3 subpoena
request one from the clerk of the court if necessary.
Regards,
Asa
4 privileged
physical examination
Get ready! ____

6 interrogatory
0 Before you read the passage, talk
about these questions. Vocabulary
1 What information do lawyers exchange before a @ Match the words (1-6) with the definitions
trial? (A-F).
2 What are the processes for exchanging
1 interrogatory 4 _settlement
information about a case between lawyers?
2 _discovery stage 5 _privileged
Reading 3 subpoena 6 __opposing
© Read the email from a legal assistant to an A an order from the court for a witness to appear
attorney. M ark the following statements as B a set of questions one party asks another
true (T) or false (F). before a trial
1 _Mr. Truesdale sent the request for C the period of action before a trial
admissions and the interrogatory. D confidential statements or conversations
2 __Mr. Peterson’s physical examination will not E being in conflict with someone or something
be performed by his doctor. F an agreement that is reached before the end o*r
3 _A trial date has been set for the case. legal proceedings
0 Choose the word that is closest in meaning to the Speaking
underlined part. © With a partner, act out the
1 Make a legal demand for the opposing party’s information.
roles below based on Task 7.
Then, switch roles.
A request for production B request for admission
C interrogatory USE LANGUAGE SUCH AS:
2 Fill out a series of statements to confirm or deny information. I want to update you on your
case.
A request for production B discovery document
So, what do I need fo r ...
C request for admissions
Is he or she going to testify?
3 The request for an assessment of someone’s state of mind is
incomplete.
A mental examination B discovery stage Student A: You are a legal client.
C subpoena Ask Student B about:
• your case
4 The results of the client’s bodily assessment became evidence.
• physical examination
A request for admissions B physical examination
• witnesses
C interrogatory
5 Get the information that must be made available before a trial.

Student B: You are an attorney.
A discovery documents B subpoenas Answer Student A’s questions.
C physical examinations
0 Q Listen and read the text again. In three sentences

Writing
summarize the email. © You are an attorney. Use the
information from Task 8 to
write a note to your client.
Listening Consider the following
0 $ Listen to a conversation between an attorney and a questions:
client. Check ( / ) the documents that are mentioned.
1 □ interrogatory 4 □ subpoena
2 □ request for admission 5 □ request for physical
What kind of information did the
3 □ medical record examination
opposing attorney s e n d ? _____
Q $ Listen again and complete the conversation.
-rtorney: Good morning, Mr. Peterson. I want to 1

________on your case.
What has the opposing attorney
Client: Okay. What’s 2 ________________ ?
requested? _ _ _______ ___ _
irtorney: The defendant’s lawyer sent us the 3 ___
we asked for.
Client: Okay. What about the interrogation?
- -.orney: You mean the 4 ________?
Client: That’s it. What happens if the witness ignores
- -orney: We have it, along with a request for a(n) 5. the subpoena? ________________
Client: Can’t they just talk to my doctor?

:orney: No. Any information you shared with your doctor
is 6 ________.
Affidavits
Get ready!
1 notary public
0 Before you read the passage,
talk about these questions.
1 What are some ways to submit a

forma! statement to a court?
2 How can witnesses help a case?
Reading
0 9 Listen and read the affidavit from a trial
for property damage and choose the
correct answer.
1 What is the purpose of the document? 2 sworn statement

A to give an official statement about an event
B to bring a legal suit against a company
C to make a report on behalf of a company
D to challenge a statement made by Mr. Green
3 testimony
2 The document is signed by a _________ .

A pianistC notary public Affidavit Identification #A -4 4 ;
B moverD police officer
What can we assume about Ms. Jackson?

Massachusetts
A She plays the piano. Milkweed
B She works until 4:00 daily. 5 6 urJ ersi9ned’ an officer duly commissioned by the laws of
Massachusetts, on this 4th day of November, Elizabeth Jacksor
C She is a notary public. ppeared, who having been first duly sworn gave this testimony
D She is Mr. Green’s neighbor. These are the facts. My house is located across the street from Mr
Greeny house. I have a clear view of his front yard from m v ln n
aranil nia obehr 1st’ at 4:10 Pm>1saw four movers drop Mr Green’^
Vocabulary s K s sssr r r ' s,8ps-1couw~
Match the words (1-5) with the Under penalty of perjury, I attest that this sworn statement is true
definitions (A-E). Witness:
1 _notary public 4 _affiant

[clearly print name after signature of affiant]
2 _affidavit 5 _fact
3 _testimony [ Y ^ A I ? SUbSCribed before me this 4th day of November
Notary Public:
A a person certified to certify
documents and administer oaths
[clearly print name after signature]
B a person who signs an affidavit
My Commission expires: January 20 _
and swears to its truth
C the spoken evidence given by a
witness under oath at trial •affirm to the bea! »' my know&dgd Sis! aS of tne test resaits raparted in she dfasum«ri
"A Siudy of Mo!0'cyc!e SpeeSe ®is‘ prepar&o tot Ihs AMSOtL Potter §po*ts Group j
(2006 SfS totma. i further sawn s « me ttst resets ware ob&trwd loGowmg pracesufd
c by the AmorxwH* Saoei-/ C-f Tasting arti Mais'-ais iASTTY> oSvef <©eogr.«t«d &EQa.i
D any object or event that must be bs »eia»*woo *i 8 » pass’ H r w i octw^'aW sr v w . >e*wu w on at AMStfl
proved through evidence at a trial

E a document in which the signee swears 5 affidavit
that the statements are true
6 signature
0 Place a check ( / ) next to the response that answers the Speaking
question.
© With a partner, act out the
1 Where is the identification number on this document? roles below based on Task 6.
A _ Right here, in the corner. Then, switch roles.
B _The judge gave it to me. USE LANGUAGE SUCH AS:

2 Is this vour signature? I just h o p e ...
A _Yes, I signed that yesterday. Will I have to testify in court about
B __No, I don’t type letters. what I saw?
Will you attest to this information on
3 Is the information in your sworn statement accurate? the stand?
A _No, it happened recently.
B _ I know it’s all true.
Student A: You are a lawyer. Talk
4 Will you attest to that in court? to Student B about:
A _ No, I don’t know the answers to that one. • the affidavit
B _Yes, I’ll be at the trial. • testifying in court
5 Be careful not to commit periurv.

A _I can’t serve because I’m busy that day. Student B You are a witness.
B _I promise to tell the truth. Respond to Student A’s questions.
listening
0 f t Listen to a conversation between an attorney and a Writing
witness. Then mark the following statements as true (T) © Use the information from
or false (F). Task 7 to complete the notes
1 _The woman forgot to include information in the affidavit. from your meeting with a
witness in one of your cases.
2 _ The lawyer asks the woman to testify against Mr. Green.
3 _The woman agrees to give her testimony in court.
What is the witness’s relationship
0 ft Listen again and complete the conversation. to your ciieni?
- “ orney: Thank you for 1 ________________today, Ms. Jackson.

A tness: It’s no problem. I just hope I can help.
- “ orney: Great! Now, I have your 2 _______ affidavit here. Is this
complete and correct? What did the witness see?
■>'* tness: Yes. I thought I only had to describe what happened briefly.
- “ orney: That’s right. We only need the facts about what you
witnessed. I just wanted to make sure that you didn’t
3 ________________________ .
•« tness: Nope, that’s it. So, will I have to testify 4 ________
is the witness willing to testify in
________about what I saw?
court on your client's behalf?
--orney: With any luck, no. Hopefully, we won’t have to 5 _______
________________ with this case.
•t tness: Oh, I see.
- - orney: However, if we do, will you attest to this information
6 ?
Legal Memorandums
1 heading
o, \
2 assignment j:
3 statement of facts
&6„ V s>
4 analysis
**»
fylS;
M e m o r a n d u m s
|§§ W fH ^SSSIIP*“ 58
ChaP p te r 4 "n^ ® ^ g ^ ing With
withaalegal
legalissue.
issue.
5 recommendations A legal memorandum or mem , Qr a ,awye|.
The memo is often written by a pa.alegai, a raw
' “ ^ W c a e ,, . The first part ol a legal memo is the heading. including.
.1 c '
-^kthUtig r, To: (who it is addressed to)
From: ('who it is written by)
^ 0ffn>SybeUkta**nvtlme Date- (date which the memo is written)
Get ready! Next include information about your assignment. This sectron «
explain the reason for the memorand™ ^ ^ ^ ^
O Before you read the passage,
talk about these questions. Following the heading “ ™ ass‘9“ ; „ en, of )aots. This includes issues
the legal memo. The first1 3 f tion. Analysis of the relevant
1 What type of professional writes conclusions t nd °thL Pet o f r o m similar cases,
a legal memorandum? laws goes in this section, mf,ndations based on this information.
Finally, summarize the r e c o m m e n d a t io n s Dase
2 Why is it important to keep
written records of legal matters?
Reading Vocabulary
@ Read the manual on writing a © I Write a word that is similar in meaning to the
legal memorandum. Mark the underlined part.
following statements as
1 Ellen wrote an essav dealing with a legal issue.
true (T) or false (F).
_eg__ m _ _ o r ___ u m
1 _Legal memos consist of two 2 How is the information relevant to the current case?
sections. p __ t i ___n t
2 _ The file number is included in 3 Is that the new work to complete?
the heading of the memo. _ s s _ _ n ___ t
3 __The citations come after the 4 What are your final thoughts reached after considering the facts?
summary of recommendations _on__vs__ns
in a legal memo.
5 Paul included detailed information from other case files,
c at s
0 Fill in the blanks with the correct word from Speaking
the word bank.
© With a partner, act out the roles below
based on Task 7. Then, switch roles.
USE LANGUAGE SUCH AS:

heading statement of facts issues
analysis recommendations Would you write a legal memorandum ... ?
Would you like me to include ... ?
1 The first section of a legal memorandum
When do you want i t ... ?
includes conclusions a n d ___________
The lawyer asked him for John’s .
about what to do next.
Student A: You have been asked to write a memo.
..................................................................................................................
The author is identified in th e __ Ask Student B about:
Jackson’s ___________ .identified • information to include
several problems.
• which cases to cite
All of the information is consolidated in the
Student B: You are a lawyer. Respond to

Student A’s questions.
0 ft Listen and read the text again. Use the
words in the photos to explain what a legal
memo is.
Writing
- stening 0 You are a lawyer. Use the information from
0 ft Listen to a conversation between an Task 8 to write an email asking your
attorney and a paralegal. Mark the following assistant to write a legal memorandum.
statements as true (T) or false (F). Consider:
1 The woman knows about the Singh case.

2 The man does not recall any similar cases.
3 _ The woman will work on the memorandum
today.
What information appears in the heading

0 ft Listen again and complete the
conversation.
~T:*ney: Hi Sue. Would you 1

legal memorandum for me o \
today, please? Which pertinent cases should the assistant look
|l
at for citations
.egal: Yes. I can work on that this afternoon.
- ~:-ney: It’s about the Singh case. Are you
2 with it?
.. : egal: Yes. I’ve 3 —* I
r :-ney: Good. Please summarize the issues to
When should the memo be sent out
send out to our 4 |
.r-z egal: Sure. Would you like me to include an
analysis as well?
sttsi'-ney: Yes, and anv 5 vou can find
from similar cases.
'.:.^ egal: Do you have any cases 6 ?
« r'T ie y : Smith versus Carson, for one.
1
Legal Documents
3 unbiased
2 dismissed 4 advocacy group
position
Get ready!
Tuttle s Law O Before you read the passage, talk about
these questions.
1 What type of documents do lawyers submit to a

court before a trial?
2 How can the losing party continue to argue the
case after a trial?
Chapter 4 Reading
This chapter deals with different types of briefs. © Read the page from a law text book and
mark the following statements as true (T) or
Legal briefs are presented to the court prior to a
trial starting. The purpose of a legal brief is to state a false (F).
party’s legal position. It offers specific reasons why the
1 H Merit briefs take emotional factors into
court should rule in its favor. Attorneys may also have
consideration.
f ° r ^ e'r personal use once a trial
commences. A trial brief helps them argue their case 2 M j An appeal may be not be issued until after a
during proceedings. ruling.
M erit briefs are unbiased descriptions of a case 3 g j An advocacy group can file a brief to help a
based on evidence. If a case has merit, it will be heard party in a case.
in court. If it has no merit, then the case is dismissed.
U i l l [ f f l l » T i 15f l l are filed with the court by people
not directly involved in the case. For example, an Vocabulary
advocacy group might file an amicus brief.
0 Check ( / ) the sentence that uses the
A ppellate briefs I are part of the appeals underlined parts correctly.
i process. They explain why a lower court’s
\ decision was in error or why it was correct. 1 M j A Julia will speak to the court once the tria
\ Both parties can file appellate briefs if a commences.
case is appealed. ■ | B The defendant issued an amicus brief. “f*
2 H j A The lawyer issued an appellate brief at '‘arm
the start of the case.
H B Mr. Herald stated why the case had merr
and should be heard.
3 g A The lawyer consults his trial brief before
questioning witnesses.
■ B The judge began the case with a legal
Speaking
0 Fill in the blanks with the correct words or phrases from
the word bank. © With a partner, act out the
BANK Then, switch roles.
: i ° r d

merit brief advocacy group dismissed
unbiased legal position briefs I’m planning t o ...
I’ll make sure that they get to ...
1 The law professor explained the different types of
Have you file d ...?
The case is weak and should be

To explain the strict legal elements of the case, the attorney
issued a(n)_______________________. Student A: You are a court official.
Talk to Student B about:
The prosecution will argue its ____________________.
• the trial date
The judge is known for being fair and.
• types of briefs to be filed
Mr. Sala represents a(n)__________ .that works
on behalf of animal rights.
Student 6 ; You are a paralegal.
0 %'t Listen and read the text again. What types of briefs Respond to Student A ’s questions.
are there?
-istening Writing
Q $ Listen to a conversation between a court official and © You are a paralegal. Use the
a paralegal. M ark the following questions true (T) or information from Task 8 to
false (F). complete the notes about the
briefs filed in a case.
1 _The paralegal intends to file merit briefs.
2 _ Today is the last day to file briefs for this case.
3 _ Different types of briefs are in separate folders.
What types o f briefs have been filed?
0 Listen again and complete the conversation.
Official: Good morning, Sam. I see that the court date has
been set for your 1 _______ . o When is the court date for this case?
- i alegal: Morning, Pamela. Yes, we're working hard 2 ____
Zfficial: This is quite a big stack of briefs.

Which advocacy groups have filed
-alegal: There are quite a few. This is a(n) 3. .case for us.
Official: I can tell. amicus briefs? ------------ ------------ ■
‘ alegal: There are 4 . in the top folder. Amicus

briefs are in the second folder.
Official: Okay. I’ll make sure that they get to the right 5.
raiegal: Perfect.
Official: Have you filed merit briefs as well?
-alegal: We have a few days 6 ___________________
them. I’m planning to bring those in on Friday.
11
Motion
3 protective order
4 harass
5 dismissal
1 movant
sistant
2 change of venue opposing a tta e y s S e ^ s u e d m o r' *"? r0Cen' weeks- Tfle

most r e c e n t “ S f d J E T T S ’ " l 'Ve “ er
sum m ary judgm ent, and a motion t ' W a motl°n for
release confidential d o c u m e n t ° ° m p e l 0ne witness to
Get ready! m o tio n lo s trik e d w it n e s s r t e L ^ o '0 ' ' ^ 3 We"- There was a
expert, but she had no credentials T h p f olaimed to be an
d Before you read the passage,
talk about these questions. “ re n t " ° Ur 'W
1 Why would a lawyer issue a Most recently, t h e ^ S ' a t o t 7 ™ ™ ' ^
motion in a case? e II have to wait and see what tho ° r t?*1an9e ° f venue,
one. No doubt, there will be a m o tio n fr. m ,'n9 Wil1 be on that
2 What types of things do motions the proceedings. a new tri‘al at the end of
ask the court to do?
'
Reading Vocabulary
0 Read the legal assistant’s blog and fill in
© Check ( / ) the sentence that uses the
the blanks using words from the word bank.
underlined parts correctly.
BANK 1 _A The lawyer typically issues a ruling in

court cases.
proceedings motion ruling _B Ms. Garza filed a motion for a new trial
m o tio n to d ism iss as soon as the verdict was entered.
A legal assistant is working on a case with her law A They entered a motion for summary
firm. Both parties are issuing every possible judgment based on the current evidence
1 ____________________ against the opposition’s B As the movant. Mr. Howard spoke
evidence and actions. The court 2 ______________ against the motion.
are underway. Most recently, the opposition has A A motion for change of venue requests
submitted a 3 ____________________. The lawyers that proceedings be held elsewhere.
are waiting for a 4 ____________________ on a
B The attorney was pleased that the judge
motion for change of venue.
harassed him.
0 Choose the correct word pair to fill the blanks. Speaking
The judge ruled against the _ making th e ____ very happy. H I With a partner, act out the
A ruling — motion
Then, switch roles.
B motion to dismiss — nonmovant
C movant — motion to strike USE LANGUAGE SUCH AS:
Can you help me to prepare ... ?
2 A. __the testimony removes it from the record, but a
_forces a witness to testify more. What type o f ...?
A motion — motion to dismiss I'll draft th e ...
B motion for protective order — movant

C motion to strike — motion to compel
Student A: You are a legal assistant.
3 No m ore____ _are allowed unless a party feels harassed Talk to Student B about:
and a _______ .is required. • rulings on motions
A motions — motion for protective order • motions to prepare
B ruling — motions
C proceedings — motion to strike Student B; You are a lawyer.
Respond to Student A’s questions.
Listening
0 $ Listen to a conversation between a lawyer and a
legal assistant. Choose the correct answers.
Writing
1 The lawyer wants his assistant to write a © You are a legal assistant. Use
A motion for change of venue the information from Task 7 to
B ruling in the case fill in the memo about the
C motion to strike current case.
D review of expert testimony

What kind of motion needs to be
2 What will the legal assistant most likely do?
prepared?
A strike the testimony of a witness
B bring the motion to the courthouse
C finish the motion this afternoon
D check the credentials of the witness
Assistant: We’re still waiting for a 1 ____________

motion for change of venue in that case.
Lawyer: I hope the judge will issue that ruling today.
-ssistant: What type of 2 _______ are we working on today?
_awyer: A motion 3 ________________________ testimony of
their expert witness.
-ssistant: On what 4 _______ ?
Lawyer: She has no credentials to prove that she is an expert
-ssistant: ! see. I’ll draft the motion and bring it to you in
about an hour.
_awyer: That’s perfect. And can you bring it to the
5 _______ before lunch?
Intentional Torts
Get ready!
0 Before you read the passage, talk about
these questions.
1 What types of accidents often lead to court

settlements?
2 What are some reasons that a person might hire
a lawyer after suffering an injury?
Reading
Q 8 Listen and read the advertisement.
Choose the correct answer.
1 defamation 1 What is the advertisement mostly about?

A where to receive treatment for an injury
B the reduced rates of torts attorneys
C attorneys with experience in criminal law
D lawyers who help victims of misconduct
What is the most important role of tort attorneys

in misconduct cases?
2 damages
A to prove an accident took place
harm to property
4 intent B to demonstrate the responsible party’s inter:
to injure
Jetson & Lee C to show the financial need of the injured p ar

D to explain that property is damaged
Which of the following is NOT an example of ar

intentional tort case?
! S S S S S S part* ■"- * * * « i A A newspaper prints false statements about =
I hard (or our clients C M ^ l " Jetson anti Lee, we fight
politician.
B A group of teenagers break the windows o‘r ,
a car.
Recent successful cases include:
C A customer falls in a store because of a sp
SatmTo penrs°o„CharaC,er i ? ™ " * ! 15000 D A man hits another man in an argument.

Harm to property ...............Df™ ges: $ 50,000
Auto Accident ............... f 3^ 00 Vocabulary
, .....................Damages: $ 40,000
_
0 Match the words (1-6) with the definitions
(A-E).
,0
are you entitled ,o as a resj, ? 1 aCC'dental? And ***
1 __ injury 4 _tort
Allow us pu, our 60 years of combined experience 2 _damages 5 _harm to perse
to work for you
3 misconduct 6 _deliberate
| ° U deserve the best legal representation
A doing something wrong on purpose
B on purpose
C any wrongful act which results in injury
D the amount of money that a party receives for ■
5 injured party
injuries
injury E accidental or intentional harm to a person’s boc
F pain or injury to a person's body
£ ) Read the sentence pairs. Choose where the words best Speaking
fit in the blanks. © With a partner, act out the
1 intent / injured party roles below based on Task 6.
Then, switch roles.
Was it Mr. Tatum’s ___ to harm Ms. Garner?
Only th e ___________ .will be awarded compensation. USE LANGUAGE SUCH AS:
civil litigation / defamation I’d like to make an

appointment...
Peter faces______________ .and may have to pay damages.
Can you tell me a b o u t... ?
The paper was sued f o r . ____________ for printing lies.
Can you meet with ... ?
3 damage to property / tort action
John is going to court with th is ________________
Mike was compensated fo r ___________________ when
his home was damaged.
Listening
0 Listen to a conversation between a legal assistant
and a caller. Choose the correct answer.
1 The caller speaks with an attorney a b o u t________ .

A the law firm ’s newspaper ad
B the situation that led to property damages
C rescheduling an appointment
D reforming the tort system
2 The legal assistant wants to kno w ________. Writing

A the cost of the caller’s statue © You are a legal assistant
B where the caller lives writing a message about your
conversation with a client. Use
C whether the client can come in on Monday
the information from Task 7 to
D whether the misconduct was deliberate
write a detailed note. Consider:
Client: I’d like to make an 1 ______ .to speak with

a lawyer about a tort action.
What kind o f legal action does he or
s stant: Okay. Can you tell me about 2 ______________________ ?
she want to talk a b o u t? ______________
Client: Yes. A neighbor 3 _______ on myproperty and broke 1
a valuable statue and a window.
; stant: I see. Was it deliberate? Who/What caused the harm or injury?
Client: Yes, it was.
s stant: Okay. And you 4 ________________________ for
damages? I What types o f damages does he or she
C ient: Yes. For trespass to land and harm to property. want to be reimbursed f o r ? ___________
5 ;tant: Sounds like the type of case we 5 ___________________ .

C ent: I thought so from your ad.
stant: Can you meet with Ms. Lee on 6 _______ at 4 o’clock?
Negligent Torts
Get ready!
O Before you read the passage, talk about these questions.
1 What types of injuries can result when property owners or businesses are negligent?
2 Why would a person sue for compensation following an injury?
To: Marcus Jones

From: Janet H oss-W itt
R E 6 ’ W iilusC ase: Negligent Tort

2 negligent tort
Dear Mr. Jones, Ufitnpsses in the Willus case.
I have received statements rom ^ lia b jlity By all
The evidence clearly prove b , person” standard. The
S S iS S „ C ^ - ' " ' fe« e'™vhaveno'

acted with prudence. W illus was the
e s s s ; —
“ en .ro u n d inside .he „ k and dam ages
fo r p“ Tda? andk m e n ° a M n iu ^ I believe the co u rt w ill award
r r not involve o o n tra o ,, so d u „ o r b r e a O
of duty is not a factor.
CAUTION
5 liability
■ATTENTION'
prudence
Vocabulary
Q Fill in the blanks with the correct words and phrases
4 compensation
from the word bank.
Reading compensation duty of care actual cause

0 Read the legal memorandum breach of duty harm prudence
and m ark the following
The paramedic was careful not to cause any________
statements as true (T) or
false (F). 2 Sue hopes to receive________________ _for lost work time
1 _The client broke her heel on 3 Mr. Bay considers customers’ safety and meets the store’s
uneven ground.
2 Ms. Willus was not injured. 4 Ms. Lang acts w ith . ___ , careful to avoid risk or injury
3 Breach of duty is not an issue 5 T he____________ .o f her injury was a fall,
in this case. 6 A _____ resulted when the company did
n ot m eet its c o n tra c te d o h lin a tin n
Q With a partner, act out the
Does Ms. Tuttle handle negligent torts? roles below based on Task 7.
Then, switch roles.
A Yes, she makes sure that victims are compensated.
B _No, never when damages are awarded. USE LANGUAGE SUCH AS:
Can you tell me the proximate cause of the accident? Did you get my memo ...?
A _The hole in the floor was not marked. Will you make copies ... ?
B _She broke her arm. I think we’ve pro ve d ...
Have they fulfilled their contractual duty?

A _We have not met them. Student A: You are a lawyer. Ask
B __Yes, they did everything they agreed to. Student B about:
• case documents
Have you met a “ reasonable person” standard?
• client’s health and status
A __We have taken every precaution.
B __Please show me the contract.
Student B: You are a paralegal.
Respond to Student As questions.
© 0 Listen and read the memo again. What is it about?
-sterling
Writing
0 $ Listen to a conversation between a lawyer and a
paralegal. Mark the following statements as true (T) or © You are a paralegal writing a
false (F). memo about a case. Use the
1 The paralegal hasn’t got any witness reports. write the memo. Consider:
2 The lawyer believes the case has a good chance of
success.
How was the client injured?
3 _Ms. Willus needs crutches in order to walk.
Q ^ Listen again and complete the conversation.
.awyer: I did. Do you have the 1 ______________

And the figures for compensation? C
What do the witness reports say?
: a-alegal: Right here.
_awyer: Good. Will you make copies for the 2 ___
________and then bring me the file?
: : -alegal: I’ll do it right now. I think we’ve proved 3.
don’t you?
.awyer: I do. Let’s hope the judge agrees that the duty of care Who is at fault for the accidents?
was 4 ________________ in this situation.
-alegal: The 5. _cause of her fall was definitely that
uneven floor.
.awyer: I agree. It’s a 6 ________________ . Have you checked
in on Ms. Willus?
17
I
1 i
excessive noise
Get ready!
C l Before you read the passage,
1 Why would neighbors seek legal

solutions for disputes?
2 What types of things are considered
2 interfere
a nuisance in
S I
residential Ms. Brown
neighborhoods? 445 Oak St, Seaport, MA March 12,
j™ e _propertv
JlOLSAfp.nJo• 'VII
V gIm •~*r~ ...
m------
4 private
3 property
Reading
@ Read the letter and fill in the
blanks using words from the
word bank.
BANK 5 alternative
Vocabulary
nuisance property
allegation interferes © Check ( / ) the sentence that uses the underlined parts
correctly.
A woman writes a letter to her
1 _A Maggie had no options, so she had a lot of alternatives
neighbor complaining that her dogs
are a 1 _____________ . She tells the _B Your neighbor’s property is next to your home.
woman that the dogs bother all of
2 __A Jack paid restitution to his neighbor for breaking h :
the neighboring 2 ________________
window.
owners by barking in the early
morning. The writer feels that this __B The judge heard the murder case in a small claims court
3 _______________ with many
3 _A Mr. Tam doesn’t allow visitors on his private property.
people’s sleep. If her neighbor does
not do something to keep the dogs _B Kara looks for the entitlement of the law book.
quiet, she will have to file a(n)
4 _A The loud motorcycle is a nuisance.
4 ______________ with the courts.
_B Joe interferes in his neighbor’s affairs by ignoring their
a
0 Match the words (1-4) with the definitions Speaking
(A-D).
O With a partner, act out the roles below
1 _injunctive relief based on Task 7. Then, switch roles.
2 _allegation
3 _ excessive noise
4 __settlement Before taking your neighbor to c o u rt...
Excessive noise from her dogs ... ?
A a formal accusation against someone Then we ta ke ...
B the resolution of a dispute or lawsuit
C a court order that prohibits a person from doing
something
D loudness that is beyond an accepted volume
and bothersome
0 $ Listen and read the letter again. What is

Ms. Gomes’s problem?
_ sterling
© ft Listen to a conversation between a
lawyer and a client. Mark the following
Writing
statements as true (T) or false (F). © You are a legal assistant writing a demand
1 _ The client wants to pursue legal action. letter for a client. Use the information from
Task 8 to complete your notes.
2 _ The client’s neighbor will not meet with her.
3 __ The lawyer will write a settlement request.
What is creating the nuisance? 1
0 ft Listen again and complete the __________ —
conversation.
_a .vyer: Before taking your neighbor to court,

you should send her a 1 ________letter.
How does it interfere with the neighbors lives?
Client: I’ve already sent a letter asking her to meet
with me. That way, we can avoid
_awyer: She wouldn’t agree to that?

Client: She wouldn’t even 3 ___
What will happen if the recipient does not
_3wyer: I see. And excessive noise from her dogs
respond to the letter?
4 9
Client: Yes. Her dogs create a real nuisance.
-=wyer: Okay. Let’s draft a letter from you,
including a settlement request.
Client: And if she doesn’t respond?
-awyer: Then we may have no
5 ________besides legal action.
19
Strict Liability
3 unsafe
4 hazardous
2 precautions
Chapter 15: L i d b i ¥
* m
Section 1: Strict Liability
Without the demonstration of fault, who is responsible for
Get ready! unsafe situations or hazardous conditions?
0 Before you read the passage, talk Liability does not always imply fault. Sometimes even the best
about these questions. precautions and measures of good faith cannot prevent an
accident or injury. In these cases, the legal responsibility lies with
1 What are some things that make a the person, business, or other party.
situation unsafe?
Let’s take the example of wild animals. If the owners of a wolf
2 Give an example in which the person
rehabilitation center keep the animals behind sturdy bars they do
responsible for an accident hasn’t done not expect the wolves to escape. But, what if they somehow
anything wrong? manage to get out? They could cause a great deal of harm to
people and pets or farm animals. The wolves could also cause
damage to property as well. The owners of the center would be
Reading liable, even though their intentions were
good.
@ Read the article in a law magazine
When culpability for guilty or illegal
and mark the following statements
acts can be proved, a case falls into
as true (T) or false (F).
the category of absolute liability.
_Someone who is liable for
something has committed a crime.
Taking precautions exempts business^
from liability.
_Liability means that one has done something
wrong intentionally.
Vocabulary
Q Write a word that is similar in meaning to
the underlined part.
1 The workers complained about the dangerous

conditions.
_ a _ a r ___ s
2 The Morris Company was found to have fault in
the accident.
_ u __ a i I i
3 There was no clear indication about who is
responsible.
v e _ _ n _ t r _ t ___ __ f ____t
0 Read the sentence pairs. Choose where the words best Speaking
fit in the blanks.
© With a partner, act out the
1 damage / good faith roles below based on Task 7.
The promise was made and kept in ___________________. Then, switch roles.
Since there was a lot o f __________________ , the repairs
were costly.
You have some questions ...?
2 absolute liability / legal responsibility Was someone hurt?
The owners bear a _________________ to keep the I don’t know.
workplace safe.
The plaintiff proved________________ _because
the company knew about the defects. Student A: You are a business
owner. Talk to Student B about:
3 strict liability / precaution
• an accident • precautions
The workers use helmets as a _______
• legal responsibility
against injuries.
Though the owners didn’t intend for the accident to happen, they
were found to have__________________________ . Student B You are a legal
assistant. Respond to Student As
questions.
0 $ Listen and read the text again. What did you learn
from it?
Writing
listening
© You are a legal assistant
0 Listen to a conversation between a legal assistant writing a note to your boss
and a client. Check ( / ) the information that the client about your conversation with a
gives to the legal assistant. client. Use the information
from Task 8 to write the note.
1 □ there was an accident4 □ someone was hurt
Consider:
2 □ the client was injured5 □ a woman broke her arm
3 □ the company took every
precaution
Did the client take precautions to

Q t i Listen again and complete the conversation.
prevent an accident?
Client: Yes. Questions about my company’s liability
-;sistant: Okay. I’ll write down your questions and have a lawyer
get back to you.
What happened to the person who had
Client: Great. the accident?
-;sistant: So what happened?
Client: I thought we’d taken 2 ______________ . No one could
call our work site unsafe, but there was an accident.
-isstant: Was someone hurt?
Client: Yes. A woman 3 ________________________ . What information does the client want
the lawyers to provide?
- stant: I see. Sounds like you may be responsible, in terms of
4 ________________ .
Client: So, what is my legal responsibility?
* =-5 stant: I don’t know. That’s what you’ll need to 5 ______
_______ a lawyer.
Product Liability
Get ready!
0 Before you read the passage, talk about these questions.
1 Who is responsible for a defective product?

2 Why would a consumer contact a lawyer about a product?
A recent class action suit in the news

Reading
highlighted the issue of consumer © Read the article in a law magazine and choose the
protection laws.
correct answer.
1 What is the main idea of the passage?

A how to file a class action suit
B who to call about product liability
1 manufactured product
C why some products are dangerous
D general information about product liability law
2 To demonstrate product liability a person must prove that

A the place where the product is manufactured is unsafe
Who is responsible for the safety of products sold to B a product is defective or marketed dishonestly
consumers? Is it the manufacturers, the suppliers
C the supplier has not been responsible.
or the distributors? Do the retailers also share
some of the responsibility? Depending on the case, D someone has been injured by a dangerous product
all of the entities described above are accountable.
3 Who is responsible for the safety of consumer products?
Product liability cases can be very diverse. In these
types of cases, the defendant must prove that the A the State
product was defective. A lawsuit may also develop B the consumer protection department
from products that are marketed incorrectly.
C companies involved in sales and production
When a manufactured product is dangerous, strict
liability applies. Strict liability cases do not depend D manufacturers
on whether the manufacturer or supplier was
careless. A defendant is liable when it is shown that
the product is defective. Product liability laws have
been adopted by most states. For details, see Vocabulary
common law books.
Q Write a word that is similar in meaning to the underlined
part.
Return the toy if it is not working properly.

_e__ct__e
Stores that sell products to consumers must protect

customers. R_ t __ Ie _ _
Laws that protect customers are very important.
0 n _ _ m vr p__t_ct__n laws
2 dangerous The broken glass was causing risk or harm.
_ a ___ r o u _
The standard by which products are judged not to cause harm
is important to consumers and salespeople alike.
S_f __
Several plaintiffs filed a suit against a company.
1 s a t i suit
0 Choose the correct word pairs to fill the blanks. Speaking
1 Concerns about _have led _to take more care ■f!| With a partner, act out the
with producing items. roles below based on Task 7.
Then, switch roles.
A product liability — manufacturers
B safety — distributors USE LANGUAGE SUCH AS:
C consumer protection — suppliers I understand you received
_are shipped to the store from the warehouse an injury...
2 The.
owned by th e ______ . Was th e ... damaged?
A distributors — product liability Have you contacted... ?
B manufactured products — suppliers
C consumer protection laws — class action
3 Since these products are______ , they are no longer available

from th e ______ .
A safe — retailer
B dangerous — consumer protection department
C defective — distributors
0 $ Listen and read the text again. What did you learn
about consumer protection laws?
Listening
0 f t Listen to a conversation between a lawyer and a Writing
consumer. Then mark the following statements as 0 You are a consumer writing a
true (T) or false (F). letter to a manufacturer about
1 The woman was hurt as a result of the defective product. a defective product. Use the
2 __ The woman is talking to a lawyer about a defective computer.
write the letter to the
3 _The woman contacted the lawyer before contacting the manufacturer. Consider:
manufacturer.
0 f t Listen again and complete the conversation. What product you are writing about
Lawyer: Thanks for 1 ____________ _today. I understand

you received an injury from a manufactured product?
How the product was defective
: Dnsumer: Yes, a defective 2 ________________ , to be exact.
Lawyer: How is it defective?
How has it injured your body or
;onsumer: The stand can’t hold the weight of a laptop.
damaged your property?
The instruction manual said that it would hold
3 ________________ 50 pounds.
Who else have you contacted
Lawyer: I see. How were you injured?
(retailers, distributor, lawyer, etc.)
:onsumer: The stand collapsed and the 4 ________fell
onto my foot.
Lawyer: I’m sorry to hear that. Was the computer
damaged as a result of this 5 _______ ?
Consumer: Yes, the screen is broken.
Lawyer: Sounds like this case 6 ___ _the product
liability laws. Have you contacted the manufacturer?
23
Contracts
1 breach of
contract
3 loan agreement
2 severable
contract
^ legal contracts.
T h e ca n d id a te must have tets w must “ a“ ^ ° , cferts
Jur iirm and a seve,able
4 legal contract
?-,j , ' " • ~...... .. •
a unilateral contract * ^ ^ *dge
5 distribution agreement
Smith and Stanwell •^ ^ o n ' w
ii miii-rfinOrnT
Vocabulary
0 Match the words (1-6) with the definitions
(A-F).
Get ready!
1 __ agreement of sale
Q Before you read the passage, talk about
2 _ implied contract
these questions.
3 vloan agreement
1 What type of information does a contract
4 vcontract of employment
usually contain?
5 vbilateral contract
2 Why would you work with an attorney when
writing/drafting a contract? 6 __ unilateral contract
A a legally binding agreement between employers

Reading and employees
B a document that details the terms and
Q Read the job advert and mark the following conditions of a purchase
statements as true (T) or false (F).
C an agreement for one party to pay for another
1 _The new attorney will work mainly with party’s work
manufacturing companies. D a contract with terms that have not been
2 _The job does not involve representing clients explicitly stated or written
in dispute. E a contract between a lender and a borrower
3 _Knowledge of loan agreements is not F a contract in which both parties exchange
necessary. promises to perform certain things
0 Choose the word that is closest in meaning I p $ Listen again and complete the
to the underlined part. conversation.
1 The employer was sued for giving a(n) contract

Assistant: Sure. What is this 1
that unfairly favors one party over the other.
A adhesion contract B bilateral contract
Client: I need to have some legal contracts O
C contract of employment
Assistant: Okay. Are there any details that I should
2 Both companies signed a legally binding give her 3 _________?
agreement involving two or more people. Client: We need a 4 ________________ for one
A adhesion contract B legal contract of our partners. We’ve been working
with an implied contract.
C loan agreement
Assistant: I’ll 5 ____________________________
3 Len accused the company of failing to perform Client: And I’m afraid that one of our other
as reouired by a valid contract. partners may be in breach of contract.
A a contract of employment Assistant: That’s too bad. I’ll tell her that, too.
B a bilateral contract Client: Does she have any 6 ________________
C breach of contract this week?
4 Johnston Industries signed a contract

comprised of several separate contracts. Speaking
A requirements contract
© With a partner, act out the roles below
B severable contract based on Task 7. Then, switch roles.
C bilateral contract
5 The company signed a(n) agreement to
What is this regarding?
distribute and sell manufactured items.
Are there any details ... ?
A distribution contract
Does she have any free time ... ?
B breach of contract
C severable contract
Student A: You are an assistant at a law firm.
6 Is this the contract between a manufacturer and
Ask Student B about:
a buver to provide all necessary supplies?
• contracts needed
A requirements contract • a convenient time to meet
B breach of contract
C severable contract
Student B: You would like to see a contract
lawyer. Discuss the services you need with
0 Listen and read the text again. What will Student A.
the successful applicant deal with?
Writing
listening
@i You are a legal assistant writing a message
0 9 Listen to a conversation between a about your phone conversation with a
client and a legal assistant. Mark the client. Use the information from Task 8 to
following statements as true (T) or false (F). write a message for the contracts attorney.
1 __The client wants to discuss two different Consider:
matters. What kind of contract does he or she need help with?
2 _The client wants to sever an implied contract.
3 _ The assistant has confirmed an appointment When would she like to meet with the attorney?
with the attorney.
25
Get ready!
Q Before you read the passage, talk about these questions.
1 What makes a contract valid?

2 Why do businesses need to rely on contracts?
4 jvalid
5 consider;
3 appointment
To: M ax Horow itz

F ro m : M ary W ong, Esq.
D a te : June 5
Subject: Peterson Contract
Dear Max,
Mr Peterson called today to) ask
ask about the terms of a new
aDouune
services
StockatThe contract to make sure that" is valid.

review
CUP .
have attached a copy of the contract here for you to w w *

Please let me know if you want to set an appointment with U
Peterson.
Reading Best,
© f t Listen and read the MW
email and choose the
correct answer.
1 According to the passage,

Vocabulary
what is Mr. Peterson’s contract about? © Write a word that is similar in meaning to
A an enforceable dispute the underlined part.
B an exchange of goods and services 1 Write the detailed proposal bv one party that
C the need to sue can be accepted by another party and lead to ;
D an external dispute contract. o__ e_
2 The lawyer says the contract is with legal force
2 Mr. Peterson wants to . ii "
A give the contract more consideration 3 Mr. Bale requested a meeting at a specific place
B meet with the other party and time. _ p p _____ m _ n t
C accept the other party’s offer 4 Is this contract imposing an obligation or duty?
D ask the lawyer to write a contract b ___ i n _
5 Ms. Dorton was ready to agree with what had
3 To be enforceable, the terms of the contract been proposed. _ss__t
must be
6 Did you carefully look at and think about the
A disputed C reviewed contract? r ew
B exchangedD binding
0 Fill in the blanks with words from the word bank. Speaking
O With a partner, act out the
Then, switch roles.
acceptance exchange object
consideration terms USE LANGUAGE SUCH AS:
1 Employees_______________their services for a monthly salary. How are you?
2 The_________________of this contract is employee benefits. I’m allright.
3 Jane was ready to give h e r________________ of the contract. Would you like to ... ?
4 Charles changed th e __________________ of the contract.
5 Besides an offer and acceptance, and an intention to create
legal relations, a valid contract must have________________ .. Student A: You are a legal
assistant. Ask Student B about:
Listening • contract-related problems
• validity of contract
0 ft Listen to a conversation between a legal assistant
and a client. Then answer the questions. • if contract is enforceable
1 What problem is Mr. Peterson having?

Student B You are having a
A His contract with his employee is non-binding.
contractual problem. Talk to
B He has had an argument with another company about their Student A about it.
contract.
C He wants to negotiate the terms of a new contract.
D He needs the lawyer to rewrite a binding contract.
Writing
2 The legal assistant suggests that the clie n t______the
contract. © You are a legal assistant
sending an email to an attorney
A terminate C ask a lawyer to review
about a contract-related
B enforce D assent
question. Use the information
from Task 7 to fill out the email.
0 ft Listen again and complete the conversation.
_egal Assistant: Hello, Mr. Peterson. How are you today?

Client: Hi, Mary. I’m all right. I’m afraid I’m having a
1 ________________ with a partner company. . •
^egal Assistant: Sounds like bad news. Do you want to make
a(n) 2 ________with Mr. Horowitz? What is the problem with the contract?
Client: Yes. I need to make sure that the terms of our

contract are 3 ________.
Legal Assistant: You have a 4 _______ contract? What is the object o f the contract?
Client: Yes, but I don’t know whether it’s 5 ________.
.egal Assistant: I see. Our office will go over it with you.
Client: The sooner the better. What does the client want the attorney
_egal Assistant: Would you like to 6 ________________ on to determine about the contract?
Wednesday?
Get ready!
O Before you read the passage, talk about these questions.
1 What happens when a person or company

does not fulfill or honor a contract?
2 How are contract problems resolved?
G +
Breach of
Contract Arbitration
Contract litigation, as you know, is what my firm specializes in. So we have all been interested in the
recent case against the National Museum. To summarize, the museum tried to back out of an
agreement to show a documentary film. The filmmaker accused the museum of failure to meet its
commitment. The museum accused the filmmaker of fraud. The film was not what they expected.
Is the museum committing an act of bad faith? The filmmaker stands to recover substantial damages
if the film is not shown. Will he choose to collect a settlement, or fight for the film ’s screening? The
parties will have to reach some sort of resolution. It looks bad for everyone if the case goes to trial.
The museum defends its position.
Lately, most cases have been about breach of
fiduciary duty. This one gives us something
different to follow.
Reading
Listen and read the text and mark the
following statements as true (T) or false (F).
1 __The museum is accused of fraud.

2 _ There is a contract between the filmmaker
and the museum.
© Choose the correct word pair to fill the
3 _The museum does not want to show the film. blanks.
The firm specializes in ___ ., with a focus on

Vocabulary cases o f ______ .
@ Check (v) the sentence that uses the A bad faith - commitment
underlined parts correctly. B contract litigation - breach of fiduciary duty
1 _A The company defended its decision in C fraud - arbitration
court
2 Maxwell chose to _of the contract,
_B The case is going to trial because there
which was an act o f ______ .
has been a resolution.
A recover - commitment
2 _A We recovered damages by paying the B collect - resolution
other party $100.
C back out - bad faith
__B She lied to her business partner,
committing fraud. Wanda failed to meet h e r______ , so the othe-
party was able t o ______ damages.
3 _A They could not resolve their differences
A commitment - collect
without organized arbitration.
B contract litigation - recover
_ B The judged thanked Ms. Williams for her
C resolution - back out
failure to appear in court.
sterling Speaking
© if Listen to a conversation between a H I With a partner, act out the roles below
egal blogger and a lawyer. Choose the based on Task 6. Then, switch roles.
correct answer.
* The lawyer
Are you handling the case fo r ... ?
A is accusing the museum of fraud.
Can you discuss whether...?
B is unsure if a contract has been breached.
We hope to settle the problem ...
C refuses to discuss some aspects of the case.
D is upset because he is losing an important
case.
Student A: You are trying to find out the details
2 Settling the case through arbitration would about a contracts case. Ask Student B about:
A be a breach of contract. • what the client claims
B end in the museum’s favor. • a resolution
C prevent it from going to trial. • going to trial
D be misleading.
Student B You are a lawyer. Respond to

@ i i Listen again and complete the Student A’s questions.
conversation.
:gger: Are you 1 ____ the case for the

National Museum? Writing
: .vyer: Yes. 2 ________________ is working with
You are a blogger for a legal site. Use the
them. It’s an important case.
information from Task 7 to write a short
:;g e r: Can you discuss whether there has been report of the case. Consider:
a breach of contract?
i .vyer: I can’t talk about the details, but we do
3 _______ our clients’ decision.
:gger: They’ve accused the other party of fraud,
isn’t that right?
: .vyer: Yes. They have said that publicly. They
are very upset about 4 _________
do the parties accuse each other of?
What
:: ger: The film was not what they expected? ------------------— ---------------
.vyer: No. The filmmaker misled them from the

start.
: ;ger: I see. How soon will a resolution be What is the dispute over?
_______ _______ _______ _
How will they resolve the case?

Get ready!
Before you read the passage, talk about these questions.
1 What types of professionals might take a legal ethics course?

2 What topics might be discussed on a legal ethics course?
LegalAssociation of North America Professional Ethics Conference
Conduct - IM tM J iiM M E l
PART I - Professional Conduct PART II - Confidentiality
1. What is competent representation? Integrity
1. Recognizing conflicts of interest Your duty to the client
2. Legal transactions Avoiding misconduct
1. Reasonable fees Diligence
2. Meetings and conversations with Protect your client’s interests
clients Speak out against breaches of trust
3. Hiring expert witnesses
3. Impartiality
The ABA Model Rules on Confidentiality j
1. An unbiased approach - A Summary
2. Be aware of your assumptions
A Summary of ABA Model Rule 1.6
4. Advocate for your client’s interests Discussion
1. What does your client deserve?
2. What are the other party’s
interests? Fraudulent statements
3. How do you achieve a resolution? Keep your client's interests private
Reading without misleading the court
© $ Listen and read the

agenda for a professional ethics course
and choose the correct answer.
Vocabulary
1 What is the theme of the course?
A information about hiring expert witnesses € 1 Match the words (1-6) with the definitions
(A-F).
B professional expectations for attorneys
C standardizing client fees for attorneys 1 _competent representation
D the importance of telling the truth 2 _misconduct

3 __integrity
2 What is the key point of the section on
4 __ confidentiality
impartiality?
5 __advocate
A Attorneys should follow their assumptions.
6 __conflict of interest
B No one is impartial.
C Law professionals should be unbiased. A the standard of moral and ethical principles
D Conflicts of interest can cause bias.. B to support and defend something or someone
C a situation where one duty conflicts with anotbe
3 According to the passage, what should be
avoided? D behavior that is wrong or improper
A conversations with the opposing party E the spoken or written agreement to protect
privacy
B keeping the client’s interests private
C accepting quick resolutions a lawyer’s ability to argue a client’s case wel1
D misleading the court

0 Read the sentence pairs. Choose where the words best Speaking
fit in the blanks.
@ With a partner, act out the
1 professional conduct / fraudulent acts roles below based on Task 6.
Then, switch roles.
The clients were pleased with Mr. Potter’s _________________
The lawyer was accused o f____ USE LANGUAGE SUCH AS:
for misleading the court.
Which course are you
2 diligence / impartiality interested in?
The judge must maintain______ and fairness. Do you know what is on the agenda?
The lawyer fights for his client wit! _______ and I have some copies o f ...
never gives up.
3 reasonable fees / transactions

Student A: You are a paralegal
The lawyer established_______ ________ so at an ethics conference. Ask
clients could afford her services. Student B about:
Mr. Walters keeps track of a ll__ _______with • the course agenda
the client for his records.
• the professor’s writing
Listening
Student B: You are a conference
0 f t Listen to a conversation between a conference official. Answer Student A ’s
official and a paralegal. Choose the correct answer. questions.
1 The woman is looking for information a b o u t_____ .

A advocating for clients
B publishing an article in The Law Journal Writing
C the professional conduct course © You are a paralegal who
D the location of a course attended an ethics course. Use
2 The man gives the w om an_____ . fill out your notes on the
A the course agenda course.
B a copy of The Law Journal
C an essay on conflict of interest
D a speaker’s latest article
I What were the important points on

0 ft Listen again and complete the conversation.
j the agenda?
Official: Which 1 _______ are you interested in, ma’am?

Paralegal: The conduct course.
O
Official: That course is in 2 ________________ at 4 o’clock. --------------------------------------------------------
j: What has the professor vjritten
: aralegal: Do you know what is on the 3 ________?
, about?
Official: I have it here. Professional Conduct and Confidentiality.
: aralegal: Sounds interesting. Will conflict of interest be discussed?
Official: Yes. The professor 4 ________________________ on
that topic last year.
: 5'alegal: That’s right. I saw it in the Law Journal.
Official: She has also written about how to 5 _______ for your
clients.
____________ ____________ _____________ ___________ I 31

Get ready!
0 Before you read the passage,
1 disclosure
1 What types of professionals
are required to keep information
confidential?
2 Why is some information
kept confidential? consent
THE LEGAL NEWS PRE
A Modern Look at
Attorney-Client Privilege
waive
clients. No good attorbf*_ js out ot the question without your
3 attorney-client privilege
C o " m s could be the difference between etfe C v e
5 reveal
waives attorney-client privilege. (o gjve evid, ce
tdisdosuretotbebpposingpartyis
r r ^ c tn r a^= — &
6 fraudulent communication
decision.
Reading Vocabulary
0 9 Listen and read the article and fill in the 0 Check ( / ) the sentence that uses the
blanks using words from the word bank. underlined parts correctly.
BANK "I — A The lawyer would not reveal information

from his conversation.
effective representation waive __B Mr. Jones won many awards for
information co n fid e n tia l m alpractice.
The article is about 1 ____________________ _ A The information is confidential, so it’s on

information shared between an attorney and a client. the website.
According to the writer, 2 ________________ , or the __B Communication between clients and
attorney’s ability to do good work, depends on this attorneys is protected by law.
privilege. Lately, some defendants have been
convinced that they should 3 ___________________ _A Sally did not agree and she would only
this right. Even if the attorney does not want to reveal consent.
4 --------------------------------- he or she can only offer _B Ms. Lee did not wish to help the
advice and must follow the client’s instructions. opposing party.
0 Choose the correct word pair to fill the blanks. Speaking
1 Ms. Gillis advised her client not t o ______the right t o _______ . @ With a partner, act out the
A reveal - prevention
Then, switch roles.
B waive - attorney-client privilege
C consent - malpractice USE LANGUAGE SUCH AS:
What was he calling about?
2 ______of information leaks is vital, a s ______ of the client
depends on it. The prosecutor wants him to waive
his attorney-client privilege.
A Communication - disclosure
Why would he give up that right?
B Malpractice - privileged status
C Prevention - effective representation
3 The judge cannot order______of information that is protected S tu d e n t A: You are a lawyer. Ask
b y ______• Student B about:
A disclosure-privileged status • recent calls

B communication-malpractice • why clients waive attorney-
client privilege
C prevention-effective representation
Listening Student B You are a legal

assistant. Talk to Student A about
0 $ Listen to a conversation between a lawyer and a a recent call.
legal assistant. Mark the following statements as
true (T) or false (F).
1 _The call is regarding an accusation ofmalpractice.

2 _The client called about a request from the prosecution.
Writing
3 _The lawyer wants to disclose privileged information. 0 You are a legal assistant. Use
0 ® Listen again and complete the conversation.
write a message about the
phone conversation. Consider:
Lawyer: Were there anv 1 this
morning?
Legal Assistant: Yes, there was one from Miles Sanchez. What is the client calling about?
Lawyer: Our 2 client? What was he callina
about?
Legal Assistant: The prosecutor wants him to 3 his
attorney-client privilege. Who has asked the client to make this
Lawyer: Is he aoina to 4 to that? decision?
Legal Assistant: I don’t know. He wants to speak with you about it.
Lawyer: I’ll call him today. Our communication should
remain 5 .
_egal Assistant: Why would he give up that right? Why might the client choose to make
Lawyer: To 6 with the that decision?

prosecution, I’d imagine.
absolute liability [N-UNC0UNT-U9] Absolute liability defines complete responsibility for an act or for harm resulting
from a guilty or illegal act. '
acceptance [N-UNCOUNT-U12] Acceptance is the agreement to follow the terms of the contract.
actual cause [N-COUNT-U7] The actual cause of harm is the event directly responsible for another event or injury.
adhesion contract [N-COUNT-U11] An adhesion contract is a contract that unfairly favors one party over the other.
advocacy group [N-COUNT-U4] An advocacy group works to uphold the rights of a particular party or cause.
advocate [V-T-U14] To advocate for someone or something is to speak or write about it in a supportive way.
affiant [N-COUNT-U2] An affiant is a person who signs an affidavit and swears that the statements in it are true.
affidavit [N-COUNT-U2] An affidavit is a written document in which the signer swears that the statements are true
before an authorized person, such as a notary public.
agreement of sale [N-COUNT-U11] An agreement of sale is a document that details the terms and conditions of the
purchase of goods or services.
allegation [N-COUNT-U8] An allegation is a formal accusation against someone.
alternative [N-COUNT-U8] An alternative is the opportunity to choose between two or more options.
amicus brief [N-COUNT-U4] An am icus brief is a type of brief which is filed by people who are not directly part of a
case, such as groups that have an interest in the outcome.
analysis [N-COUNT-U3] The analysis section of a legal memo is the writer's thoughtful assessment of the facts
included in the memo.
appellate brief [N-COUNT-U4] An appellate brief is a type of brief which is filed after a trial has finished in an attempt
to appeal or overturn the decision of the court. '
appointment [N-COUNT-U12] An appointm ent is an arrangement to meet at a certain place and time.
arbitration [N-UNCOUNT-U13] A rbitration is an out-of-court procedure for resolving disputes in which one or more
arbitrators hear evidence and make a decision.
assent [V-T-U12] To assent to something is to agree with what has been proposed.
assignment [N-COUNT-U3] The assignm ent section of a memo explains what the document is about.
attest [V-T-U2] To a ttest to something is to confirm that a legal document is genuine.
attorney-client privilege [N PHRASE-U15] A ttorney-client privilege is the client’s right to keep all information shared
with an attorney private.
back out [V-I-U1] To back out of an agreement is to leave the agreed-upon tasks unfulfilled.
bad faith [N-COUNT-U13] An act of bad faith is one that involves intentionally refusing to complete a contractual
obligation.
bilateral contract [N-COUNT-U11] A bilateral contract is a contract in which both parties exchange promises to
perform.
binding [ADJ-U12] If a contract is binding, it imposes an obligation or duty.
breach of contract [PHRASE-U11] A breach of contract occurs when one party breaks the terms of an agreement
with another party.
breach of duty [PHRASE-U7] Breach o f duty is the failure to carry out a legal or contractual obligation.
breach of fiduciary duty [PHRASE-U13] A breach of fiduciary duty is a failure to act in the best interest of a party
who believes the relationship to be one of trust and good faith.
brief [N-COUNT-U4] A brief is a written legal document presented to a court to argue the case of one party over
another.
citations [N-COUNT-U3] The citations in a memo refer to other documents or cases.
civil litigation [N-COUNT-U6] Civil litigation is any legal case that is not a criminal proceeding in which a plaintiff
seeks to be compensated.
class action suit [N-COUNT-UIO] A class action suit is a legal action in which several or a group of plaintiffs facing
similar issues file a joint suit against a person or company.
collect [V-T-U1] To co lle ct damages or funds is to receive payment,
commence [V-I-U4] To com m ence is to begin.
commitment [N-COUNT-U13] A com m itm ent is an agreement to meet an obligation.
communication [N-UNCOUNT-U15] Com m unication includes any written or spoken exchange between parties.
compensation [N-COUNT-U7] Com pensation is money given to someone as reparation for a service or injury.
competent representation [N-UNCOUNT-U14] C om petent representation is a lawyer’s ability to argue a client’s
case well.
conclusions [N-COUNT-U3] Conclusions are the final thoughts reached after consideration of the matters discussed
in a memo.
confidential [ADJ-U15] If information is confidential, it is held in strict privacy or secrecy.
confidentiality [N-UNCOUNT-U14] C onfidentiality is the spoken or written agreement to protect privacy.
conflict of interest [PHRASE-U14] A co n flict o f interest is a situation in which one personal or professional duty
conflicts with another.
consent [N-UNCOUNT-U15] To consent is the voluntary agreement to someone’s proposition.
consideration [N-UNCOUNT-U12] A consideration is the essential reason or benefit being bargained for in a contract
negotiation.
consumer protection laws [N-UNCOUNT-UIO] Consum er protection laws protect consumers from inferior or
dangerous products and from dishonest sales practices,
contract litigation [N-UNCOUNT-U13] C ontract litigation is t he b r a n c h c f lav. t h a : ■esclves : - e z s c u t e s of c a ^ :es
who have entered into a contract,
contract of employment [N-COUNT-U11] A contract of em ploym ent s a e r a . c - c - c a : - e e ~ e " : c e :
employer and employee that sets the terms of the working relationship.
culpability [N-UNCOUNT-U9] C ulpability is the state of being responsible or having blame for a c- ~ na! or nee gen:
act.
damage [N-UNCOUNT-U9] Damage is any loss or harm to a person or property as a result of an accident or
negligence.
damages [N-PLURAL-U6] Damages is the money that a party receives for all injuries or problems relating to a lawsuit,
dangerous [ADJ-U10] If something is dangerous, it can cause harm.
defamation [N-UNCOUNT-U6] Defamation is the act of making untrue and damaging statements about another
person or party.
defective [ADJ-U10] If something is defective, it does not work as intended, due to an error or flaw,
defend [V-I/T-U1] To defend something is to make an argument in defence of a claim or allegation,
deliberate [ADJ-U6] If an act is deliberate, someone has considered it and intentionally carried it out.
demonstration of fault [PHRASE-U9] A dem onstration of fault shows that the party responsible for a defect or
damage is at fault.
diligence [N-UNCOUNT-U14] Diligence is the state of being careful and giving a lot of attention to a matter.
disclosure [N-UNCOUNT-U15] Disclosure is the act of exposing or revealing information, usually documentary.
discovery documents [N-COUNT-U1] Discovery docum ents are all the written or electronic information that must be
made available to both parties in a lawsuit before a trial.
discovery stage [N-COUNT-U1] The discovery stage is the period before a trial when requests for documents,
interviews and legal actions are made.
dismiss [V-T-U4] To dism iss a case is to throw the case out of court without further consideration,
distribution agreement [N-COUNT-U11] A distribution agreem ent is an agreement made between a manufacturer
and a supplier to distribute and/or sell manufactured items,
distributor [N-COUNT-UIO] A d is trib u to r arranges for the sale and shipment of products from the manufacturer to a
sales outlet.
35
duty [N-C0UNT-U7] A duty is a legal or contractual relationship in which one person or business owes something to
another. '
duty of care [N-COUNT-U7] The duty of care is the responsibility of a person or business to act toward others with
caution and prudence.
effective representation [N-UNCOUNT-U15] Effective representation defines an attorney's ability to defend a client
in the best possible way.
enforceable [ADJ-U12] If something is enforceable, it is compelled or put in force by law.
entitlement [N-UNCOUNT-U8] Entitlem ent is a right granted by law or by a contract.
excessive noise [N-COUNT-U8] Excessive noise is loudness that is beyond an accepted volume and is a nuisance to
others.
exchange [V-T-U12] To exchange something is to give services, money or goods in return for something else,
fact [N-COUNT-U2] A fa c t is any information or event that must be proved through evidence at a trial,
failure [N-COUNT-U13] A failure is the refusal or inability to complete a task.
fraud [N-UNCOUNT-U13] Fraud is the crime of intentionally deceiving someone and causing harm or loss.
fraudulent [ADJ-U14] If something is fraudulent, it is deceptive and thereby unfairly harmful to a certain party.
good faith [N-UNCOUNT-U9] Good faith is the honest intent to fulfil a promise or contract fairly.
harass [V-T-U5] To harass somebody is to subject him or her to continued, unwanted and annoying pestering, often
including threats and demands.
harm [N-UNCOUNT-U7] Harm is any physical or mental injury, damage to property or damage to reputation,
harm to person [PHRASE-U6] Harm to person is pain or injury to a person's body.
harm to property [PHRASE-U6] Harm to property is damage or destruction to a person’s belongings or holdings,
hazardous [ADJ-U9] If a product is hazardous, it exposes people to risk or harm.
heading [N-COUNT-U3] The heading is the part of a memo that identifies the sender, recipient and other basic
information about the document.
identification number [N-COUNT-U2] An identification num ber is a series of numbers given to a document
presented as evidence in a trial.
impartiality [N-UNCOUNT-U14] Im partiality is the state of being unbiased or fair in a dispute.
implied contract [N-COUNT-U11] An im plied contract exists even when its terms are not explicitly stated, either
because the parties assumed a contract existed, or because the lack of a contract could result in unjust benefit to
one of the parties.
injunctive relief [N-COUNT-U8] Injunctive relief is a court order that prohibits a person or party from doing
something, or demands that a wrong be remedied.
injured party [N-COUNT-U6] An injured party is the person who has been hurt through accident, negligence or other
wrongful acts.
injury [N-COUNT-U6] An injury is any harm to a person's body caused by an accident or negligence.
integrity [N-UNCOUNT-U14] Integrity is the standard of moral and ethical principles that one is expected to adhere to.
intent [N-UNCOUNT-U6] Intent is the wish or decision to act in a particular way prior to doing so.
interfere [V- I-U8] To interfere is to have a negative effect on a situation, activity or process.
interrogatory [N-COUNT-U1] An interrogatory is a set of written questions that one party in a lawsuit asks the other
party before a trial.
issues [N-COUNT-U3] The issues section in a memo discusses the legal matters pertaining to the case.
legal brief [N-COUNT-U4] A legal brief is presented before a trial begins in order to state a party’s position and offer
reasons why the court should rule in its favor.
legal contract [N-COUNT-U11] A legal co n tra ct is any legally binding agreement involving two or more people or
businesses that explains what the parties will or will not do.
legal memorandum [N-COUNT-U3] A legal m em orandum is a written document summarizing the important points of
a larger document or case,
legal position [N-COUNT-U4] A legal position is the side one takes in a case and which defines that party's argument
based on his or her understanding of the law.
legal responsibility [N-UNCOUNT-U9] Legal responsibility is the obligation to meet standards of safety and good
practices.
liability [N-UNCOUNT-U7] Liability is the state of being legally accountable for an act or omission.
loan agreement [N-COUNT-U11] A loan agreem ent is a contract between a lender and a borrower that sets the terms
and conditions of the loan repayment.
malpractice [N-UNCOUNT-U15] M alpractice is a professional’s failure to conform to the laws or accepted standards
of quality or professionalism in their work.
manufactured product [N-COUNT-UIO] A m anufactured product is a product that has been made or put together
from natural and/or man-made materials, usually in a factory.
manufacturer [N-COUNT-UIO] A m anufacturer is a type of company that designs and creates products to sell.
mental examination [N-COUNT-U1] A mental exam ination is an assessment of a person’s state of mind.
merit [N-UNCOUNT-U4] A consideration of m erit evaluates the factual information, without emotional or contextual
considerations.
merit brief [N-COUNT-U4] A m erit brief addresses the inherent rights and wrongs of a case without any emotional or
technical biases.
-is c o n d u c t [N-UNCOUNT-U6] M isconduct is an act of intentional wrongdoing.
-lo tio n [N-COUNT-U5] A motion is an application in which the party issuing the motion seeks a decision, ruling or
order.
notio n for change of venue [PHRASE-U5] A m otion fo r change o f venue asks the court to move the trial to another
location.
motion for new trial [PHRASE-U5] A m otion fo r a new trial asks the court to set aside a ruling or jury decision
because of an error or exclusion.
-o tio n for protective order [PHRASE-U5] A m otion fo r protective order asks to court to protect a party or witness
from harm or harassment.
-o tio n for summary judgment [PHRASE-U5] A m otion fo r sum m ary judgm ent asks the court to decide a case on
the available evidence, without a trial.
-■otion to compel [PHRASE-U5] A m otion to com pel asks the court to order either party in a case, or a third party, to
take a specified action.
-o tio n to dismiss [PHRASE-U5] A m otion to dism iss asks the court to decide that an issue is not one that should be
-sard by the court.
-o tio n to strike [PHRASE-U5] A m otion to strike asks the court to remove all or part of one party's evidence or of a
witness's testimony.
- ;va nt [N-COUNT-U5] The m ovant is the party issuing the motion.
-egligent to rt [N-COUNT-U7] Negligent to rt cases request compensation for injuries caused by another party’s failure
to maintain a reasonable person standard.
-cnm ovant [N-COUNT-U5] The nonm ovant is the party opposing the motion.
- ::ary public [N-COUNT-U2] A notary public is a person certified by his or her state to certify documents and
administer oaths.
- js a n c e [N-COUNT-U8] A nuisance is anything that prevents private or public reasonable enjoyment of property or
place.
m ject [N-COUNT-U12] The object of a contract is the purpose of the agreement.
: -e r [N-COUNT-U12] An offer is a detailed proposal by one party that, once accepted by the other party, creates a
contract between the too.
37
opposing [ADJ-U1] If Opposing means being in conflict with another person, team or army.
opposing party [N-COUNT-U15] The opposing party represents the other side of a court case or dispute.
perjury [N-UNCOUNT-U2] Perjury is the crime of lying after swearing to tell the truth before a notary public or court
official.
pertinent [ADJ-U3] If something is pertinent, it is related to the case at hand.
physical examination [N-COUNT-U1] A physical exam ination is an assessment of a person’s body for disease or injury.
precaution [N-UNCOUNT-U9] Precaution is the care taken in advance to prevent harm or danger.
prevention [N-UNCOUNT-U15] Prevention is the act of stopping something from happening.
private [ADJ-U8] Something that is private is set aside for use by certain individuals based on: place of residence,
fees paid, etc.
privileged [ADJ-U1] If a statement or conversation is privileged, it is confidential and cannot be revealed in court.
privileged status [N-UNCOUNT-U15] Privileged status is the confidential status of communications or
correspondence that are protected from disclosure by law.
product liability [N-UNCOUNT-UIO] Product liability is the area of law that holds those who make products available
to consumers responsible for the safety of the products.
professional conduct [N-UNCOUNT-U14] Professional conduct is the actions and services expected from a
professional in his or her work.
property [N-UNCOUNT-U8] Property is land or items owned by a person or group.
proximate cause [N-COUNT-U7] The proxim ate cause of an event is the immediate reason for something that results
in harm to another person.
prudence [N-UNCOUNT-U7] Acting with prudence means using caution and good judgment.
reasonable fee [N-COUNT-U14] A reasonable fee for services meets the accepted standards of charges for a
particular type of service.
reasonable person” standard [N-COUNT-U7] The “ reasonable person” standard is the standard of care that a
reasonable person would observe under given circumstances.
recommendations [N-COUNT-U3] Recom m endations in a legal memo are suggestions about the next steps to be
taken.
recover [V-T-U13] To recover damages by court order is to be partially or fully reimbursed for a loss.
request for admissions [PHRASE-U1] A request fo r adm issions asks a defendant to agree or deny certain facts that
pertain to a legal case.
request for production [PHRASE-U1] A request fo r production is the legal demand for the opposing party's
information in a lawsuit.
requirements contract [N-COUNT-U11] A requirem ents co n tra ct exists between a supplier or manufacturer and a
buyer and requires the seller to sell all the particular products that the buyer needs, and the buyer agrees to
purchase the goods only from that supplier.
resolution [N-COUNT-U13] A resolution is a solution to a problem that is accepted by all parties.
restitution [N-COUNT-U8] Restitution is the return of property, payment for lost property or payment for harm caused
by a defendant.
retailer [N-COUNT-UIO] A retailer is the sales outlet where items are available for consumers to purchase.
reveal [V-T-U15] To reveal something is to share or discuss something that was previously hidden or private.
review [V-T-U12] To review something is to read and consider it carefully.
ruling [N-COUNT-U5] The court’s or a judge’s decision on a motion or trial is called a ruling.
safety [N-UNCOUNT-UIO] Safety is the standard by which products are judged not to cause harm or loss.
settlement [N-COUNT-U1] A settlem ent is an agreement between two legal parties that is reached through
negotiation, rather than by a court ruling.
settlement request [N-COUNT-U8] A settlem ent request asks for the resolution of a dispute or law suit.
severable contract [N-C0UNT-U11] A severable contract is comprised of several separate contracts so that the
breach of one does not necessarily mean the breach of the others,
signature [N-COUNT-U2] A signature is a person’s name, written in his or her own hand, particularly on legal or official
documents.
small claims court [N-COUNT-U8] A small claim s court is a special court intended to handle small matters or debts
quickly.
statement of facts [N-COUNT-U3] A statem ent of facts consolidates information about a case in a clear, concise way.
strict liability [N-UNCOUNT-U9] S trict liability guarantees that the manufacturer or the party responsible for causing
injury is held responsible, whether or not negligence can be proved,
subpoena [N-COUNT-U1] A subpoena is an order from the court for a witness to appear at a certain time and place
and to bring all relevant documents,
supplier [N-COUNT-UIO] A supplier makes goods available for sale in large or small numbers,
sworn statement [N-COUNT-U2] A sw orn statem ent is a spoken or written statement made under oath,
term [N-COUNT-U12] The term of a contract is the period of time during which the contract is valid,
testimony [N-COUNT-U2] A testim ony is the spoken evidence given by a witness under oath at trial,
tort [N-COUNT-U6] A to rt is any wrongful act, whether intentional or accidental, where injury occurs to another person
or party.
to rt action [N-COUNT-U6] A to rt action is a civil lawsuit that seeks remedy for a wrongful act.
transaction [N-COUNT-U14] A transaction is the action of carrying out a professional agreement,
trial brief [N-COUNT-U4] A trial brief is a document containing a summary of a party’s case, including it’s legal
position and evidence, and is used by attorneys during a trial,
unbiased [ADJ-U4] If someone is unbiased, he or she is impartial and without prejudice.
unilateral contract [N-COUNT-U11] A unilateral co n tra ct is an agreement for one party to pay in exchange for the
performance or work of the other party,
unsafe [ADJ-U9] If something is unsafe, it can cause harm or damage,
valid [ADJ-U12] If a contract is valid, it is legally binding,
waive [V-T-U15] To waive something is to give it up or disregard it willingly.
39

Anh Văn Pháp Lý - Book 2

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Anh Văn Pháp Lý - Book 2

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Book

3 Legal Manual analysis, assignment, citation, conclusion, heading, Adding

Unit 2 - A ffid avits ..........................................

Unit 3 - Legal M e m o ra n d u m s ................

Unit 4 - Legal D o c u m e n ts ........................

Unit 6 - In tentional Torts ..........................

Unit 7 - N e g lig e n t Torts ........................

Unit 9 - S tric t L ia b ility ................................

Unit 10 - P ro d u c t L ia b ilit y ......................

Unit 12 - E lem e n ts of a Valid C o n tra c t

Unit 13 - Types of C o n tra c t Litigation

Unit 14 - P rofessional C o n d u c t............

Unit 15 - A tto rn e y -c lie n t P rivilege .

Dear Alice, 1 mental examination

Get ready! ____

Reading 3 subpoena 6 __opposing

5 Get the information that must be made available before a trial.

0 Q Listen and read the text again. In three sentences

Q $ Listen again and complete the conversation.

-rtorney: Good morning, Mr. Peterson. I want to 1

Client: Can’t they just talk to my doctor?

1 What are some ways to submit a

1 What is the purpose of the document? 2 sworn statement

2 The document is signed by a _________ .

What can we assume about Ms. Jackson?

1 _notary public 4 _affiant

proved through evidence at a trial

B _The judge gave it to me. USE LANGUAGE SUCH AS:

5 Be careful not to commit periurv.

- “ orney: Thank you for 1 ________________today, Ms. Jackson.

USE LANGUAGE SUCH AS:

Student B: You are a lawyer. Respond to

1 The woman knows about the Singh case.

What information appears in the heading

~T:*ney: Hi Sue. Would you 1

2 dismissed 4 advocacy group

1 What type of documents do lawyers submit to a

USE LANGUAGE SUCH AS:

The case is weak and should be

0 Listen again and complete the conversation.

Zfficial: This is quite a big stack of briefs.

‘ alegal: There are 4 . in the top folder. Amicus

2 change of venue opposing a tta e y s S e ^ s u e d m o r' *"? r0Cen' weeks- Tfle

BANK 1 _A The lawyer typically issues a ruling in

A motion — motion to dismiss I'll draft th e ...

B motion for protective order — movant

D review of expert testimony

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