17 Test
17 Test
17 Test
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).
in General
differ markedly in
their ability to represent their own interests in the bargaining process, a person is
to have full power to bind himself contractually. Only in is one's power regarded as impaired because of an inability to
in the bargaining process. One whose power is so to special rules that
meaningfully
impaired is said to lack capacity to contract and is (2) own improvident acts. Two principal kinds of defects are today (3)
. .
allow him to avoid the contracts that he makes in order to protect him from his
contract: immaturity and mental infirmity. In the past, the common law regarded
..
capacity to contract, during the life of her husband. , this disability was largely removed by statutes (6) nineteenth century.
Example:
concluded
surmised
assumed
implied
~cS~~61
1 A 2 A 3 A 4A 5 A 6 A stages subject granted depriving For example realized B junctures B B B B B conditional recognized debarring In particular ruled C occasions C liable C conceded C dissolving C However C legislated D circumstances D open D appreciated D dismissing D Consequently D enacted
Questions 7-12 Read the following extract from a rental contract. Choose the best word to fill each gap from A, B, C or D below. For each question 7-12, mark one letter (A, B, C or D) on your answer sheet.
(7) . . costs not contemplatedby this Lease,the exact amountof whichwill be extremely difficult to (8) . These costs include, but are not (9)
. ..
to, processing and accounting charges, and late charges which may be
.
(10)
Accordingly, if any instalment of Monthly Rent or payment of additional rent is not received by Landlord or Landlord's
amount is (11) .
cent of said amount. Acceptance of late charges by Landlord shall not constitute a waiver of Tenant's default with respect to said amount, nor prevent Landlord from
(12) .
equity.
..
7 A 8 A 9 A 10 A 11 A 12 A
B B B B B B
Example:
the Regulations
have reached
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
.. quite
ILECpractice test
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).
Example:
trade between nations flows as smoothly, (0) .. .. and freely as possible. To achieve this, the WTO provides and regulates the legal (25) . which governs world trade. The legal documents of the WTO spell out the various (26) of member countries. The result is assurance. Producers and
exporters know that foreign markets will remain open to them, which in turn leads to a more (27) , peaceful and (28) economic world. (29) all decisions in the WTO are taken by consensus among all member countries and are then ratified by member parliaments. Trade friction is channelled into the WTO's dispute (30)
on interpreting agreements and commitments with them. trade policies operate in conformity
.
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.
under the money-laundering rules if they suspect them of tax (31) even the most minor financial (32) ..
or
Uncertainty had arisen because Section 328 of the Proceeds of Crime Act
which he knows or suspects would (34) (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person. Lawyers had been taking the view that to avoid (35)
prosecution circumstances when in receipt of suspicious of legal privilege, information
.
proceedings or
under to the
from clients
ILECpractice test
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).
Example:
~ ====
0
ABC
37 A firm may act with undue haste if it has failed to anticipate adverse economic conditions. 38 A financial outcome for a firm may be the reverse of that intended. 39 It can be prudent for a firm to move into a specialty that is less affected by fluctuations in the economy. 40 A bad decision may result in a drain on a firm's resources.
41 It is undesirable for commercial pressures to determine the continuation otherwise of representation. or
42 A firm may underestimate the requirements of an aspect of law in which it lacks experience.
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.
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.
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 inhouse counsel, and a substantial amount of time apprising management of evolving issues and discussing how to resolve them.
ILECpractice test
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
..
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
Example:
~ ========
0
ABC D E
HI
A Specifically, it obviates the need for an in-depth factual analysis of the shareholder's participation.
B As a result of this action, the interpretation of the clause of the original agreement relating to rental payments became a matter of dispute.
C However, there is an argument, increasingly supported by judges and prominent legal scholars, that provided the inadequacy is later cured, as it was in this case, the would-be company should be given the status of a company in fact at the time of contract.
D In a case of this nature, it would operate as an injustice to permit such a contention to be advanced.
F The Company has failed to make contractual payments despite receiving and using the equipment.
G However, there is a significant development in the law towards allowing claims only against those who actively participated in the management of such a company.
ILECpractice test
Industrial
Commodities (WPI). By 1979, it had become apparent that the WPI was not keeping pace with the sharp rise in the cost of energy to ALCOA, and the company stood to lose some $60 million over the contract term. ALCOA sought relief for mutual mistake. The trial court found that the parties had chosen the WPI to reflect changes in ALCOA's non-labor costs after a careful investigation showed that the WPI had, over a period of years, tracked ALCOA's non-labor cost fluctuations without marked deviations. In this, the judge concluded, the parties had made an error 'of fact rather than one of simple prediction of future events.' He distinguished the Taussig case on the ground that there the 'parties bottomed their agreement on a naked prediction,' while in ALCOA the capacity of the WPI 'to work as the parties expected it to work was a matter of fact, existing at the time they made the contract.' The judge felt that justice required him to find a mistake of fact. 'At stake in this suit is the future
the long-
term contract. If the law refused an appropriate remedy when a prudently drafted long-term contract goes badly awry, prudent business people would avoid using this sensible business device.'
49
What is the writer doing in the first paragraph? A B C D explaining why a word is misused identifying the appropriate legal usage of a term giving examples of common legal errors suggesting a wider interpretation of a particular term
50
In the second paragraph, what does the writer say about cases involving poor prediction? A B C D
They They They They occur more often than cases involving a mistake of fact. do not normally result from a breakdown in relationships. are not dealt with under the law of mistake. 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 B C D
Leasco's anticipated takeover of MKI had failed. MKI's financial record was worse than he thought. MKI's projected income had been miscalculated. Leasco had underestimated the value of MKI's stock.
52
A B C D
53
the expectation that MKI's turnover would rise the terms of the contract working in Leasco's favour a high degree of competence on the part of Leasco's lawyers an attempt by Taussig to enforce the terms of the contract
54
According to the judge, his decision in ALCOA v Essex Group was influenced by the need to A B C D maintain the viability of an important business tool. reduce the impact energy costs have on a range of businesses. safeguard prudent businesses from unforeseen events. allow financial recompense for an unethical contract.
ILECpractice test
Test of Writing
TIME 1 hour 15 minutes Part 1
You must answer this question. Youare a lawyer representing Ms Sandra Meyer.Ms Meyer is the subject of a disciplinaryinvestigation by her employer, Scansoft. Robert Woodly,Director of Human Resources at Scansoft, has written to you with a statement of Scansoft's position. Read the letter from MrWoodly,on which you have already made some handwritten notes.Then, using all the information in your handwritten notes, write a letter to MrWoodlyon behalf of your client Ms Meyer.
I have been informed that you are acting on behalf of Ms S. Meyer. She s~s ever!1nes cWmg it.
)
Ms Meyer is the subject of a disciplinary investigation, following the discovery of confidential documents in her briefcase as she was leaving the premises on 1st June. She claimed she was taking them home to work on them overnight. This is contrary to company policy.
Wh!1 ?
D~scri.mm<A.iiDn ?
She was stopped by a security guard at the gate, and she was asked to present her briefcase for inspection. When she did so, the confidential documents were found. The company takes a very serious view of such behaviour and, ifthe investigation confirms the circumstances outlined above, this willlead to termination of employment.
While the suspended investigation witho!!lPay. is in progress, Ms Meyer will
be
VtnusuoJ)
NOl'"moJ.,
compOvY\!1
Yours sincerely,
Robert Woodly
Director of Human Resources Scansoft
pl'"oce.d..ul'"es?
Write a letter of between 120 and 180 words in an appropriate style. Do not write any postal addresses.
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 u u 0 some information on the client what the client has done to try to find a solution the options available to the client possible results of legal action.
ILEC practicetest
Test of Listening
TIME Approx. 40 minutes Part 1
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 A B
he had already had contact with some of the people there. it provided a contrast to his usual working environment. it gave him the chance to work in new areas of the law.
C
2
He believes that as a result of his placement he is now A B C more accurate in his work generally. more able to delegate work effectively.
more aware of the value of some of his usual work.
What problem does the client have? A B C A neighbour is suing him for damages. He's unable to continue with certain aspects of his business. The local authority is accusing him of contravening its zoning laws. hearing?
unsure whether it will finally resolve the matter or not. concerned about the evidence the opposition will bring to it. worried that it will rely on the understanding of technical detail.
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? A B her ability to work independently her commitment to the cases she works on
c
6
The female partner feels that the lawyer called Pedro A B should spend more time analysing his clients' needs. needs to refer more of his queries to her. would benefit from further training.
ILECpractice test
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.
a dispute involving his inheritance. setting up his own commercial venture. an insurance claim regarding his company.
C 8
What does Anna tell the lawyer about her current situation? A B C She is in full-time employment at present. She is completing a course of further study. She is putting resources into ideas of her own.
What made Anna decide to leave her last employer? A B C She was unable to get on with her new boss. She felt she was not making sufficient progress in her career. She was dissatisfied with a change to her employee benefits package. agreement
10
Anna thinks that the restrictive covenant in her previous employment A B C is no longer binding on her. imposes limits on where she can work. prevents her from disclosing company policy.
11
What is Anna's next priority for her proposed business venture? A B ensuring that her new invention is protected by a patent establishing the most economic way of moving forward
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.
You will hear the recording twice.
Conference
(14)
(16) for young lawyers. On day one, sessions will focus on tax issues in sectors such as financial services and the. On day two, the sectors focused on include ecotourism,
utilities and. Each session will include both a presentation and a
..
and
(17) industries.
.. (18)
Once fees are paid, the organisers will provide documentation for delegates who need to obtain a
..
--
(20)
ILECpractice test
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. TASK ONE For questions 21-25, choose from the list A-F the thing that impressed each speaker about the firm initially. TASK TWO
For questions 26-30, choose from the list A-F what each speaker regards as the most valuable experience they have gained whilst with the firm.
You will hear the recording twice. While you listen you must complete both tasks.
A the firm's recruitment procedures B the attitude of immediate colleagues C the firm's ambitious plans for the future D the range of work available to junior staff E the flexible working arrangements on offer F the image projected by the firm's literature
Speaker 1
Speaker 2 Speaker 3
Speaker
..
(21)
A getting involved in staff training B learning to choose which projects to work on C being involved With high-profile clients D working with the firm's other branches E being given responsibility for whole projects F working with highly knowledgeable colleagues
(26) (27)
.. (28)
..
(22)
..
.. (23)
..
4....
..
(24)
(25)
..
(29)
.. (30)
Speaker
5 ..
..
Test of Speaking
Sample Paper
Interlocutor
. .
Where are you both from? (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?
Ask candidates who have not practised law one further question, as appropriate.
. Could you tell us what you are currently studying? . . In your opinion, is stu9ying law more difficult than studying other subjects?
Could you tell us what made you decide to study law? Ask each candidate one further question, as appropriate.
. In your opinion, what effect is technology having on the practice of law? . forming What do you think law firms look for in associates when considering partnerships? .
How do lawyers advertise their services in your country? Thank you.
ILEC practicetest
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. *
Candidate A Interlocutor
Confirms topic. (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?
Candidate A Interlocutor
G One minute.
Thank you. Now, (Candidate B), can you ask (Candidate A), a question about his/her talk? G Up to one minute. 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. *
Candidates Interlocutor
G Approximately one minute of preparation time. All right? Now, (Candidate B), which topic have you chosen, A or B? Candidate B Interlocutor
Confirms topic. (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?
Candidate B Interlocutor
G One minute.
Thank you. Now,(Candidate talk? A), can you ask (Candidate B), a question about his/her
Candidates Interlocutor
G Up to one minute. Thank you. Can I have the booklets, please? Retrieve booklets.
there will be a range of tasks for the examiner to choose from.
. the effect of the increased use of the English language in business transactions . the level of English needed . the importance of language in law
Intellectual
Property Law
. an example of what is copyrightable in your country . the rights that copyright provides . the differences between intellectual property protection
Contract Law
. the legal training system in your country . the types of work opportunities for lawyers
. the functions
of professional bodies governing lawyers
ILECpractice test
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.
PlacePart 3 booklet,openat Task 24, infront of the candidates.* Your company is thinking of investing in another country. The Managing Director has asked the legal department for some recommendations.
There are some discussion points to help you. You will have about three minutes to discuss this. Is that clear? Please start your discussion now.
Candidates Interlocutor
G Approximately
three minutes.
Interlocutor
. .
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? is Government in another country? and currency stability when considering investing
. How important
. What can investors do to protect their investments in another country? . Thank you. That is the end of the test.
* Note: In a live examination there will be a range of tasks for the examiner to choose from.
. 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
Discussion points
ILECpractice test