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Specimen exercises in final examination format

You will get three grammar/vocabulary exercises in any three of the six formats shown below. You will

then have two writing questions. One will require a set of three short responses in which you summariseor draw inferences from parts of the text provided by the grammar/vocabulary exercises. The other willrequire a longer response in which you discuss issues raised by the text and give your views. In bothcases the approximate number of words required will be indicated. The combined marks for the writingexercises is just under half the total for the whole exam. You should allocate the time allowed (2 hours)accordingly. Remember: the specimen exercises below are a guide to the FORMAT of exam questions,not to their CONTENT, which will be based on an article taken from a newspaper, magazine or journal on a subject of topical legal interest.

Each specimen question has one or two answers given, so that you have an idea of what you must do tocomplete the exercise. In the actual examination no example answers will be given.

1. In each line of the text fill in the box at the right with the appropriate word from the list in italics.

appeal codes codified common European instance judgeslegislation precedence statute

The laws of England are derived from two historical sources known as __________ law commonand equity, as well as from parliamentary and ____________Community legislation.

Rules of common law and equity were created by ________ and have never been

precisely defined or ___________. They form the basis of the law except when

superseded by __________. The English legal system is therefore distinct from many

of those of Western Europe, which have ________ derived from Roman law.

European Community law, which applies throughout Britain, takes _______________

over domestic ______________. It is normally applied by the courts, but there is a

right of ___________ to the Community's Court of Justice. In some cases, a British

subject can take a case of first __________ to the European Court.

2. Phrases have been removed from the text below and replaced by numbers in [square brackets].The missing phrases are listed underneath. In each box, write the numberthat corresponds to the placewhere the phrase belongs in the text.

Equity grew up alongside the common law [1] as a corrective to the injustice sufferedby many litigants because the courts could find no recognised form of action which fitted thefacts of their case. The common law judges were conservative and [2] new forms of action. (Itmust be remembered that at that time Parliamentary statutes were not a significant source oflaw [3].)

The courts of Equity would try to do justice on the merits of a case, without beingrestricted by precedent and the [4]. Although a natural rivalry arose between the two systems,Equity, later embodied in the Court of Chancery, [5]. That is, Equity would not set itself up as arival court in cases where a plaintiff (the old term for a claimant) was able to [6].

Because it was the court of 'the King's conscience', persons seeking a remedy atEquity were supposed to have [7]. Equitable remedies were always discretionary, so anydubious practices by a party to proceedings could result in his being denied the [8]. Thisrequirement was expressed in the equitable maxim, "He who comes to Equity must come withclean hands".

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The two courts were merged by statute in 1873, but [9] are still traceable in modernrules and practices. For example, damages, a common law remedy, are available as of right toa party who proves his case, whereas [10] are discretionary, having originated in Equity.

as it applied to ordinary people conducted the case in good faith

remedy he sought range of existing forms of action

in mediaeval times 1 some of the historical distinctions

injunctions and specific performance reluctant to admit

always claimed to 'follow the law' get justice at common law

3. In the box at the end of each line, write the correct form of the word in [square brackets].

Because of the gradual way in which the English law has [develop], developed

it has many substantive and [proceed] differences from European

systems. For example, English laws are not [code], scholarly writings

are seldom invoked when [decide] a point of law, and the procedures

are adversarial rather than [inquire]. There is also a close family

[resemble] between the various common law jurisdictions, in[country] such as the USA, Ireland and Australia where English is the

main language. Over time, however, [substance] laws and procedures

have [diverge] considerably in the various common law countries, as

have the ways in which their[respect] legal professions are organised.

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4. Most of the lines in the text below and overpage have an extra word that does notbelong. Cross itout in the line and write itIn the box at the end of the line. In a few lines

there is no surplus word: write OK in the box at the end of the line.

In England, there is still an important distinction in between barristers in

and solicitors. If you have a legal problem, you consult to a solicitor.

If necessary, he or she will instruct a barrister, to give specialist OK

advice, draft documents, or represent with you in court. Litigants

cannot

normally instruct a barrister directly. Young lawyers must have decide

early

in their careers which kind of work they are prefer: it is not easy to

transfer between the branches of the profession. Solicitors may be

practice in partnership with other solicitors but not with barristers.

In Australia, a lawyer may describe herself as the barrister and

solicitor,

which would be impossible in any other part of the UK or Ireland.

5. In each line of the text fill in the box at the right with the appropriate word missingfrom the position indicated in the line.

Recent rule changes are tending to bring ________ a convergence of the two halves about

of the profession in the UK. The main impetus for change is cost: having ________

engage a barrister ________ a solicitor on cases where one lawyer could act alone

adds to the expense ________ litigation, for both privately-paying clients and the legal

aid fund which pays part of ________ legal costs of poorer people. Many lawyers from

both parts of the profession defend the old ways, saying ________ their two distinct

kinds of expertise ________ a guarantee of high professional standards. It may be that

if the professions were fused the practical impact ________ clients, in the short term at

least, would ________ modest. Most lawyers would probably continue not to venture

very far ________ their existing areas of professional competence.

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6. Fill the gaps with between and two and five words, including the wordin [squarebrackets],to form a sentence with the same meaning as the first of each pair.

1 There are considerable differences between the Scottish and English systems.

The Scottish system _________varies considerably ___________fromEngland's. [considerably]

2 Partnerships between barristers and solicitors are forbidden in the UK.

In the UK, barristers ______________________________ form partnerships with

solicitors. [allowed]

3 Criminal cases are heard in separate courts from civil cases.

Criminal ________________________________________ are heard in separate

courts. [civil]

4 Both judges and parliament create English laws.

English laws are created by judges ____________________________________ by

parliament. [well]

5 The earliest law-makers were judges.

The earliest laws ________________________________________ judges. [made]