Ilecpracticetest: Test of Reading
Ilecpracticetest: Test of Reading
Test of Reading
TIME 1 hour 15 minutes
Part 1
Questions 1-6
Read the following extract from a reference book on contracts.
Choose the best word or phrase to fill each gap from A, B, C or D below.
For each question 1-6, mark one letter (A, B, C or D) on your answer sheet.
There is an example at the beginning (0).
~cS~~61
1 A stages B junctures C occasions D circumstances
,
Part 2
Questions 13-24
PRINCIPLES OF COMPETITION
Invariably in every law (0) are provisions which tend to be overlooked. The
Commercial Agents Regulations are no exception. Ten cases concerning the Regulations
have reached the UK courts since 1994, but (13) of them has concerned the
provisions which deal with an agent competing against his or her principal. (14) . . part
this can be attributed (15) .. the fact that the other provisions of the Regulations have
had (16) ... a great effect on agency law that the non-compete provisions may seem to
pale into insignificance. But principals who overlook these regulations (17) .. .. so at their
peril.
It has always (18) .. ..open to a principal to include a non-compete provision
in an agency contract. The most important consideration here is whether a provision of this
nature might be void (19) . . a result of infringing the common law doctrine of restraint
of trade. (20) . . it is fairly easy to determine the legality of restrictions which are either
extremely harsh in terms (21) .. .. their geographical extent and duration (22) .. .. quite
lenient, the question of (23) to treat a moderate non-compete provision can be hard
to resolve. In practice, (24) . . that can be said with certainty is that the narrower the
restriction, the greater the chance of enforceability.
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Part 3
Questions 25-30
Read the following description of the World Trade Organization, taken from its
website.
Use the words in the box to the right of the text to form one word that fits in the same
numbered gap in the text. For each question 25-30, write the new word in CAPITAL
LETTERS on your answer sheet. There is an example at the beginning (0).
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Questions 31-36
Read the following news item from a legal journal.
Use the words in the box to the right of the text to form one word that fits in the
same numbered gap in the text.
For each question 31-36, write the new word in CAPITAL LETTERS on your
answer sheet.
The Court of Appeal has ruled that lawyers do not have to report their clients
31 EVADE
under the money-laundering rules if they suspect them of tax (31) . or
even the most minor financial (32) .. 32 REGULAR
Uncertainty had arisen because Section 328 of the Proceeds of Crime Act
33 OFFEND
2002 makesit an (33) . . for a personto be involvedin an arrangement
which he knows or suspects would (34) (by whatever means) the
34 FACILE
acquisition, retention, use or control of criminal property by or on behalf of
another person. 35 DISCIPLINE
Lawyers had been taking the view that to avoid (35) . proceedings or
36 DISCLOSE
prosecution when in receipt of suspicious information from clients under
circumstances of legal privilege, they had to make a (36) to the
National Criminal Intelligence Service and obtain consent to continue.
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Part 4
Questions 37-42
Read the questions below and the extract on the opposite page from a journal
article about client selection.
Which section (A, B, C or D) does each question 37-42 refer to?
For each question 37-42, mark one letter (A, B, C or D) on your answer sheet.
You will need to use some of these letters more than once.
There is an example at the beginning (0).
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ABC D I
37 A firm may act with undue haste if it has failed to anticipate adverse economic
conditions.
39 It can be prudent for a firm to move into a specialty that is less affected by
fluctuations in the economy.
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The Prudent Course
Ethical and Practical Considerations in Client Selection
A Like many other segments of society, law firms keenly feel the effects of an economic
downturn. Corporations carefully examine their bottom line, and ask lawyers to deliver
more for less. In such circumstances a law firm has several options to increase its
profitability. Seeking to enhance or establish a practice in an area of law that seems
impervious to economic swings, or in an emerging area with a high demand for legal
services, is one logical response. In fact, it is a most judicious response if a firm is willing
to expend the resources - time and money - to become immersed in the area.
B Law firms with a long-range plan are generally better positioned to weather an economic
downturn. A problem arises, however, when a firm, without a plan for survival, reacts
precipitously when its client base and/or income begin to decrease dramatically. For
example, a response of this nature may cause a firm that focuses on regulatory or
transactional work - confident of its attorneys' analytical, research, and writing abilities
- to decide that it is competent to begin litigation practice. Such a firm is not likely to
appreciate the nuances of the practice area, the importance of being familiar with how the
court systems work, and the in-depth knowledge required of the procedural and
evidentiary rules.
c A second reaction to a weakened economy that results in fewer new clients is to keep
existing clients when prudence and objectivity counsel withdrawal from a case. Another
option is to become less discriminating when accepting clients. But feeling the effects of
a weakened economy should not cause a firm to panic and resort to accepting clients
indiscriminately. On the contrary, a firm needs to remain vigilant and adhere to its
established client selection process. Likewise, if ethical or practical concerns dictate that
a firm should no longer act for a client, the firm should not allow the amount of revenue
it receives from the client to cloud its judgment.
D Failure to maintain rigorous standards for client selection can jeopardize an attorney's
reputation, increase stress and decrease morale within the firm, and ultimately have a
negative impact on the firm, rather than provide the remuneration the firm envisioned in
entering into a relationship with an improperly screened client. If a firm has to assign
lawyers to represent it in charges of malpractice, or has to retain outside counsel for that
purpose, its bottom line is being adversely affected. Potentially, these lawyers will have
to spend several hours each day documenting every detail of every conversation with in-
house counsel, and a substantial amount of time apprising management of evolving issues
and discussing how to resolve them.
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Part 5
Questions 43-48
Read the following extract from a letter of advice from a lawyer to a client.
Choose the best sentence from the opposite page to fill each of the gaps.
For each question 43-48, mark one letter (A-H) on your answer sheet.
Do not use any letter more than once.
There is one extra sentence which you do not need to use.
There is an example at the beginning (0).
You have requested advice regarding your legal position in a suit filed against you by
Jermain Equipment Co. (the "Claimant") related to an equipment rental agreement. You
have been sued for damages based on an alleged breach of contract.
The statements expressed herein should not be construed in any way as conclusive or
indicative of our future opinions and views. (0) ..
A summary of the facts as you have provided them are as follows. You are a shareholder in
Richardson (the "Company"). Some time in November, the Company's managing director
entered into an equipment rental agreement with the Claimant. (43) You have been
sued personally based on the allegation that the company was improperly formed.
In such situations, the law is not completely clear as to the issues concerning the
Company's legal status and your personal liability. I have reviewed the Articles of
Incorporation of the Company and, in my opinion, pursuant to the laws of this jurisdiction,
the Company might be considered as no company at all. This is because its purported
formation was deficient as the Articles did not comply with the relevant statutes and no
certificate of incorporation had been issued at the time of contract. (44) ..
The issue of your personal liability primarily hinges on whether the court accepts this
view. In the case that the Company is deemed a company in fact, you will, of course, be
insulated from liability. (45) ..
However, it might be efficacious to argue another modern development in the law. The
traditional view in this jurisdiction is that all of the "shareholders" in a would-be
company may be held personally liable for debts incurred in the name of the company.
(46) In this context, the idea is that passive "shareholders" should not incur liability
due to the failure of the managing "shareholders" to act competently. On the other hand,
the traditional view seems to prevail perhaps due to the ease of its application. (47) ................
Judges tend to support the traditional approach as, in practice, they are likely to spend
less time in court. I would therefore anticipate an argument endorsing the modern
approach will not be warmly received by the court.
There is one final argument you could raise. It is based on the concept that a party cannot
argue that a would-be company was improperly formed when at all times it dealt with the
undertaking as if it were validly formed. (48) In my opinion this argument represents
the best possibility for you to avoid personal liability. However, its success depends on the
evidence presented, which means that a more detailed investigation of the facts is required.
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Example:
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0
ABC D E F G HI
F The Company has failed to make contractual payments despite receiving and
using the equipment.
H That is to say, facts and circumstances may come to light which would require
us to significantly modify our advice.
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Part 6
Questions 49-54
Read the following extract from a reference book on contracts and the questions
on the opposite page.
For each question 49-54, mark one letter (A, 8, C or D) on your answer sheet for
the answer you choose.
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49 What is the writer doing in the first paragraph?
A explaining why a word is misused
B identifying the appropriate legal usage of a term
C giving examples of common legal errors
D suggesting a wider interpretation of a particular term
50 In the second paragraph, what does the writer say about cases involving
poor prediction?
A They occur more often than cases involving a mistake of fact.
B They do not normally result from a breakdown in relationships.
C They are not dealt with under the law of mistake.
D They can be more difficult to resolve than mistakes of fact.
51 Taussig argued that he was not held by his contract with Leasco because
A Leasco's anticipated takeover of MKI had failed.
B MKI's financial record was worse than he thought.
C MKI's projected income had been miscalculated.
D Leasco had underestimated the value of MKI's stock.
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Test of Writing
TIME 1 hour 15 minutes
Part 1
She s~s )
Ms Meyer is the subject of a disciplinary investigation,
ever!1°nes following the discovery of confidential documents in her
cWmgit. briefcase as she was leaving the premises on 1st June.
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Part 2
You must answer this question.
You are leaving on an extended course of study and are transferring your case
load to a colleague. A client, a major supermarket, is involved in a dispute
concerning the quality of fruit delivered by a long-time supplier.
Write a memorandum to your colleague to brief him on the case, and include the
following points:
v some information on the client
u what the client has done to try to find a solution
u the options available to the client
0 possible results of legal action.
Write your answer in 200-250 words in an appropriate style.
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Test of Listening
TIME Approx. 40 minutes
Part 1
Questions 1-6
Youwillhear three different extracts.
For questions 1-6, choose the answer (A, B or C) which fits best according to
what you hear.
There are two questions for each extract. You will hear each extract twice.
You will hear a trainee lawyer who works for an international law firm talking about
his six-month placement in the firm's Milan office.
1 He feels that the Milan office was a good choice for the placement because
3
You will hear two partners discussing the performance of two young lawyers at
their firm.
5 What impresses the male partner about the lawyer called Claudia?
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Part 2
Questions 7-11
You hear part of a consultation between a lawyer and a new client, Anna Krupa
who is planning to set up her own business. For questions 7-11, choose the best
answer (A, B or C).
You will hear the recording twice.
8 What does Anna tell the lawyer about her current situation?
10 Anna thinks that the restrictive covenant in her previous employment agreement
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Part 3
Questions 12-20
You will hear an announcement at a seminar about a future conference on the
subjectof taxationlaw in SouthAmerica.Forquestions12-20, complete the
sentences.
and
.. (12) as well as corporate lawyers.
and ."n
.. (13) to pay a lower fee.
$
.. (14)
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Part 4
Questions 21-30
You will hear five short extracts in which various employees of a law firm called
Haddiscoe are talking about working for the company.
For questions 21-25, choose from the list A-F the For questions 26-30, choose from the list A-F
thing that impressed each speaker about the firm what each speaker regards as the most valuable
initially. experience they have gained whilst with the firm.
You will hear the recording twice. While you listen you must complete both tasks.
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Test of Speaking
Sample
Paper
Thank you.
. (Candidate A), have you ever practised law or are you a law student?
. Could you briefly describe your practice and your area of expertise?
. Could you tell us what you find enjoyable about being a lawyer?
. In your opinion, is stu9ying law more difficult than studying other subjects?
Ask each candidate one further question, as appropriate.
Thank you.
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Sample
Paper
Interlocutor Now, in this part of the test I'm going to give each of you a choice of two different
topics. I'd like you to select one of the topics and give a short talk on it for about a
minute.
You will have a minute to choose and prepare your topic. After you have finished
your talk, your partner will ask you a question.
All right? (Candidate A), it's your turn first. Here are your topics and some ideas to
use if you wish.
Place Part 2 booklets, open at Task lA/B, in front (~feach candidate. *
Interlocutor (Candidate B), please listen carefully to (Candidate A's) talk, and then ask him/her a
question about it. (Candidate A) would you like to start talking about [state chosen
topic] now please?
Interlocutor Thank you. Now, (Candidate B), can you ask (Candidate A), a question about his/her
talk?
Interlocutor Thank you. Now, (Candidate B), it's your turn. You will have a minute to choose and
prepare your topic. After you have finished your talk, your partner will ask you a
question.
All right? Here are your topics and some ideas to use if you wish.
P lace Part 2 booklets, open at Task 2A/B, in front of each candidate. *
G Approximately one minute of preparation time.
All right? Now, (Candidate B), which topic have you chosen, A or B?
Interlocutor (Candidate A), please listen carefully to (Candidate B's) talk, and then ask him/her a
question about it. (Candidate B) would you like to start talking about [state chosen
topic] now please?
Interlocutor Thank you. Now,(Candidate A), can you ask (Candidate B), a question about his/her
talk?
Interlocutor Thank you. Can I have the booklets, please? Retrieve booklets.
* Note: In a live examination, there will be a range of tasks for the examiner to choose from.
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English Use in International Business Law
. the effect of the increased use of the English language in business transactions
. the level of English needed
. the importance of language in law
Contract Law
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Sample
Paper
Interlocutor Now, in this part of the test you are going to discuss something together, but
please speak so that we can hear you.
Retrieve booklet.
......................................................
. What other important issues should people consider when they are thinking of
investing in another country?
. Do investors from other countries have to worry about restrictions when buying
real estate in your country?
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Investing In Another Country
Your company is thinking of investing in another country. The Managing Director has asked
the legal department for some recommendations.
Discussion points
. what 'investing in another country' means
. the types of regulations your company might be subjected to in another country
. the possible results of not complying with local regulations
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