Legal ESL Test

7/30/2019 Legal ESL Test

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LegalEnglishw o r k s h o p

Legal English Proficiency Test

Diagnostic Test No.

LEPT001


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Legal English Proficiency Test Diagnostic Test No. LEPT001

2

Parts of Exam

1. Audiovisual comprehension2. Structure and grammar accuracy3. Reading comprehension and critical thinking4. Specialized terminology5. Legal translation


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Part 1

Audiovisual comprehension

Time: 10 minutes

This section is designed to measure your ability to understand, analyze and recall information when English

is spoken on a formally basis.

Video

Directions: Questions 1-10. In this section you will watch a short video. Then, you will find ten questions

based on its content. Below each question, you will see four words or phrases, marked (A), (B), (C), and (D).

Choose the one word or phrase that best answers each question. Then, on your answer sheet, find the number

of the question and circle the letter of the answer you have chosen.

Example 1 Sample Answer

1. a. b. c. d.

On the video you hear: George Washington was the first president of the United States.

1. Washington was -------- of the United States.

(A) the first president(B) the greatest symbol(C) enormously proud(D) the best president

The correct sentence should read, Washington was the first president of the United States. Therefore, you

should choose (A) and circle it on your answer sheet.

Now watch the following video and answer the questions.

Go on to the next page


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Questions 1-10

1. It was Americas bloodiest chapter. A war that

almost --------- a nation.

(A)ripped apart(B)joined

(C)wipes out(D)settles down

2. Abraham Lincolns formal schooling lasted

(A)2 years(B)5 years(C)1 year(D)3 years

3. Lincoln practiced law in

(A)Kentucky(B)Alabama

(C)Washington(D)Illinois

4. What happened just a month after Lincoln took

office as president of the United States in 1861?

(A)The civil war began.(B)The south wanted independence.(C)Lincoln was assassinated.(D)Lincoln taught himself the law.

5.Newsweekcolumnist, Jonathan Alter, says that the

North wouldnt have won the civil war if

(A)a lesser man had been president.(B) the South had attacked sooner.(C)Lincoln hadnt abolished slavery.(D)the government had fought longer.

6. According to the video, Lincoln taught himself

(A)military strategies(B)

how to be president(C) the law

(D)public speaking techniques

7. After the war began, Lincoln would ---------- for

four bitter years.

(A)guide his country.(B)seek the presidency.(C)work on a new constitution.(D)practice law.

8. According to Gen. H Norman, if the South hadprevailed,

(A)Lincoln would have been executed.(B)slavery would have continued.(C) there would have been two different

countries.

(D)the economy would have collapsed.9. Lincolns Emancipation Proclamation

(A)united the fifty states.(B)freed the slaves.(C)declared him president.(D)put an end to the civil war.

10. Less than week after the confederacy finally

surrendered in Virginia in April, 1865

(A) Abraham Lincoln was appointed Minister ofJustice.

(B) Abraham Lincoln was assassinated.(C) Abraham Lincoln was seriously injured.(D) Abraham Lincoln gave his greatest speech.

This is the end of Part 1.

If you finish before time is called, check your work on this Part only.

STOP

The supervisor will tell you to begin work on Part 2.


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Part 2

Structure and Grammar Accuracy

Time: 15 minutes

This section is designed to measure your ability to recognize language that is appropriate for legal written

English. There are two types of questions in this section, with special directions for each type.

Structure

Directions: Questions 1-15 are incomplete sentences. Below each sentence you will see four words or

phrases, marked (A), (B), (C), and (D). Choose the one word or phrase that best completes the sentence.

Then, on your answer sheet, find the number of the question and circle the letter of the answer you have

chosen.


1. a. b. c. d.

1. Most contracts --------- at least one gratuitous clause.

(E) have(F) in(G) would(H) has

The sentence should read, Most contracts have at least one gratuitous clause. Therefore, you should choose

(A) and circle it on your answer sheet.


1. a. b. c. d.

2. ---------- recent times, joint ventures

have expanded rapidly into a variety of

categories.

(A)It is since(B)When(C)Since it is(D)In

The sentence should read, In recent times, joint ventures have expanded rapidly in a variety of categories.

Therefore, you should choose (D).

Now begin work on the questions.

Go to the next page


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1.------------ the US recession, partnerships were

already common in most of the fifty states.

(A)Before they were(B)By the time of(C)It was(D)Because

2. Never before ------------ as accelerated as they

are now, during the technological age.

(A)patents and trademarks has been(B)has been patents and trademarks(C)have patents and trademarks been(D)patents and trademarks have been

3. In Scotland ----------- nine large Regional

Councils instead of county councils.

(A)there is(B) there(C) there are(D)are

4. A few weeks ago, the Secretary of State ---------

some guidelines for expenditure.

(A)issued(B) issue(C) issuing(D)is issuing

5. The ---------- was ipso facto an admission of

guilt during Harrys trial.

(A)write letter(B) letter in written(C)wrote(D)writing of the letter

6. He ----------- the vehicle at the time of the

accident and was deemed to be in charge of it.

(A)was found in(B)has been found(C)have in found(D)will find

7. The court was influenced in its decision ----------

of the accused.

(A)by the youth(B)by the young(C) the young person(D)because he was young8. The New York and Texas Bars objected on the

grounds ------------ unnecessary and inappropriate

to impose these kinds of restrictions.

(A)that(B) that was it(C) that it was(D)that there was9.Marketing, ---------------------- in most law firmsa decade ago, now is recognized as an important

component of all healthy practices.

(A)a word to be hard uttered(B)a word that was hardly uttered(C)hardly was uttered(D)it was hardly uttered10. The Federal Public Administration -------------

both centralized agencies and state controlled

entities.

(A)composed of(B) is composed of(C)composed by(D)is composed by11. The federal judiciary also includes the Council

of the Federal Judiciary, ----------------- the

administration of the federal court system.

(A)which is in charge of the overseeing(B)which is in charge of oversee(C)which is in charge of overseeing(D)which is in charge to oversee

Go to the next page


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12. The Vice President is also the President of the

Senate, ------------- in the case of a tie vote in the

Senate.

(A)but he votes only(B)but he votes only(C)but he vote only(D)but only he vote

13. No governmental authority in the U.S. is

exempt ---------------- with the Constitution.

(A)to comply(B)on complying with(C)of complying(D)from complying

14. The parties ---------------- to the jurisdiction of

the courts of Mexico City.(A)hereto submit themselves(B)submit hereto themselves(C)

themselves to submit hereto(D)hereto themselves submit

15. --------------- or industry sector can guarantee

success, and franchising is no exception.

(A)No business method(B)There is no business method(C)It is not a business method(D)The business method

Grammar Accuracy

Time: 15 minutes

Directions: In questions 16 to 30 each sentence has four underlined words or phrases. The four underlined

parts of the sentence are marked (A), (B), (C), and (D). Identify the one underlined word or phrase that must

be changed in order for the sentence to be correct. Then on your answer sheet, find the number of the

question and fill in the space that corresponds to the letter of the answer you have chose.


1. a. b. c. d.

1. As with any good investment an invest will need to be able to evaluate the past success of the franchise.A B C D

The sentence should read, As with any good investment an investor will need to be able to evaluate the past

success of the franchise. Therefore, you should choose (B).


2. a. b. c. d.

2. These law regulates the relationship between contributors and the federal treasury.A B C D

The sentence should read, This law regulates the relationship between contributors and the federal treasury.


Go to the next page


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16. The Consumer Product Safety Commission works with industry to develop voluntarily safety standards.A B C D

17. The vast bulk of information controlling by the federal government was made available under the act, butA B C

certain exceptions still apply.D

18. Two central element of civil process covered by the rules are discovery and pretrial conference.A B C D

19. It promotes energy efficiency and the use of renewable energy through various research and financialA B C

assistant programs.D

20. The U.S. Department of Justice, created in 1870, is head by the U.S. Attorney General, who directs allA B C D

the affairs and activities of the department.

21. An individual or a group breaking a law designed to protect society from harmful is considered to haveA B C D

committed a crime.

22. There is a marshalfor each one federal judicial district and for the Superior Court of the District ofA B C D

Columbia.

23. These rules setting out each step in a civil proceeding, including the method of preparing requiredA B C D

documents in all federal courts.

24. Under the Federal Rules of Civil Procedure, there is no longer a distinction from law and equity in theA B C

preparation of pleadings in federal civil cases.D

25. In an effort to simplify common-law pleading, Congress in 1938 adopted a set of rules known like theA B C D

Federal Rules of Civil Procedure.

26. Since legal rules cannot be formulated to deal adequately with every possible contingency, applyA B C

them mechanically can sometimes result in injustice.D


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27. An injunction restrains a party of doing something that would cause irreparable harm if not enjoinedA B C

or temporarily halted.D

28. Another classification of laws are based on the scope of the laws, that is, on the parties to whom theyA B C D

apply.

29. Cases that come before a court may generally be divided by two categories: civil and criminal.A B C D

30. Wrongful birth and wrongful life are distinct from malpractice claims alleged actual physical injury to aA B C

fetus caused by a negligently performed procedure.D


If you finish before time is called, check your work on Part 2 only.

STOP



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Part 3

Reading Comprehension

Times: 25 minutes

Directions: In this part you will read two pieces of articles. Each one is followed by several questions. For

questions 1 to 20, you are to choose the onebest answer, (A), (B), (C), or (D), to each question. Then, on

your answer sheet, find the number of the questions and fill in the space that corresponds to the letter of the

answer you have chosen. Answer all questions following the text on the basis of what is stated orimplied in

that passage.

Read the following text:

Line

(3)

(5)

(8)

(11)

The commercial name of a business, industrial establishment, or service, and its

exclusive right to that name will be protected without the need of registration. This

protection will encompass the geographical zone of the effective business area of the

company, and will extend outside the geographical zone due to high usage.

However, there is a possibility that whomever is using a trade name may make a request to

the IMPI for publication of the name in the Gazette, (a magazine published by the IMPI

regarding registrations or records). The registration of a trade name will have a duration of

10 years starting from the date of presentation of the petition form, and may be renewed for

the same period of time, if not renewed the registration will lapse. When the status of a

company or establishment changes due to the sale of the company or other means, the

exclusive right of usage of the trade name will remain, unless stipulated otherwise.


1. a. b. c. d.

1. The registration of a trade name

may be renewed for

(A)a ten-year period(B)a twenty-month period(C)a different period(D)5 years

According to the text, the registration of a trade name may be renewed for the same period of time; that is to

say: 10 years. Therefore, you should choose (A).


2. a. b. c. d.

2. In line 3, the word encompass

is closest in meaning to(A)face(B) include(C)exclude(D)originate

The word encompass is closest in meaning to include. Therefore, you should choose (B).



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Questions 1-5

Line

(3)

(5)

(8)

(10)

(12)

(14)

A strategic alliance is essentially a partnership in which you combine efforts in anything from

getting a better price for goods by buying in bulk together to seeking business together with each of

you providing part of the product. The basic idea behind alliances is to minimize risk while

maximizing your leverage. Alliances are often confused with mergers, acquisitions or outsourcing.

While there are similarities in the circumstances in which a business might consider one of these

solutions, they are far from the same. Mergers and acquisitions are permanent structural changes in

how the company exists. Outsourcing is simply a way of purchasing a functional service for the

company.

An alliance is simply a business-to-business collaboration. Another term that is frequently used is

establishing a business network. Alliances are formed for joint marketing, joint sales or distribution,

joint production, design collaboration, technology licensing, and research and development.

Relationships can be vertical between a vendor and a customer, horizontal between vendors, local,

or global.

Strategic alliances are becoming a more and more common tool for expanding the reach of yourcompany without committing yourself to expensive expansions beyond your core business

internally.

1. What is the main purpose of this text?

(A)To underrate strategic alliances.(B)To describe strategic alliances.(C)To defend the expansion of alliances(D)To criticize strategic alliances.

2. The word leverage in line 4 is closest in

meaning to

(A)legal scope(B)machinery(C) influence(D)weakness

3. The phrase core business in line 14 refers to

(A)hard business(B)principal activity(C) local market(D)

joint venture

4. According to the reading, which of the following

sentences is NOT true?

(A)Alliances are also formed for joint marketing.(B)Mergers and acquisitions are permanent.(C)Alliances help minimize risk.(D)

Outsourcing is a type of alliance.

5. Relationships can be vertical when they are

between

(A)vendors(B)customers(C)a vendor and a costumer(D)business-to-business


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Questions 6-10

Line

(3)

(5)

(8)

(10)

(12)

The Securities Market Law is the central capital markets law in Mexico. Article 1 states that it

was designed to regulate: 1) the public offering and trading of securities, 2) the activities of the

persons participating in the offering process, 3) the National Register of Securities, and 4) the

authorities and services provided in the capital markets.

The law defines a public offering as an offer made to an indeterminate number of persons to

subscribe, sell or acquire securities. The definition of securities broadly includes a wide range of

instruments. However, according to article three, the main categories of securities are stocks, notes

and any other type of security issued within a series or class.

The Mexican Securities Market Law was amended in June 2001 in order to incorporate new

concepts and legal institutions, as well as to adapt existing concepts and institutions to the new

requirements of the international securities market. This was the most significant amendment to

such body of laws in the last 10 years.

6. What does this text mainly discuss?

(A)The Market Law(B) The Securities Market Law

(C) Securities

(D) The Mexican Legislation

7. According to the text, public offering is

(A)a number of persons(B)an offer made to a number of persons(C)the subscription and acquisition of securities(D)securities

8. The word This in line 11 refers to

(A)June 2001(B)The amendment of June, 2001(C)The international securities market(D)The Mexican Securities Market Law

9. Which article of the law establishes the main

categories of securities?

(A)two(B) ten(C) three(D)five

10. Which of the following statements is NOT true?

(A)The Securities Market Law is the centralcapital markets law in Mexico.

(B)Public offerings is a term defined by law.(C)The definition of securities does not

include a wide range of instruments.

(D)The Securities Market Law was amended in2001.


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Cloze Test

Directions: In the following reading, you will find some words which have been intentionally deleted from

the text. Choose the one word or phrase that best correspond to the structure of the reading.

Questions 11-20

One of the fastest growing trends for business today is the ___(11)___ number of strategic alliances.

According _(12)__ Booz-Allen & Hamilton, the number of alliances is growing by 20 percent a year, with

10,000 new alliances being reported in 1998 alone. Alliances range in scope from an informal business

relationship based on a ___(13)___ to a joint venture agreement in which for legal and tax purposes either a

corporation or partnership is set up to manage the alliance.

For entrepreneurs, strategic alliances are a way to work together with others __(14)___ a common goal.

While this may seem to be a strange goal for entrepreneurs, considered by many to be individualists, not

amenable to any type of group endeavors, in a strategic alliance _(15)_ can maintain one's individuality

while reaping the rewards of team effort - and the gains from forming strategic alliances appear to be

substantial.

Companies participating in alliances report that at much as 18 percent of their revenues __(16)__ from theiralliances. That number is projected __(17)_ to 35 percent by 2004. The most active area for alliances is

Europe where, according to a Booz-Allen Survey, (18) companies report as much as 42 percent of their

revenues coming from alliances with Returns on Investment (ROI) from their alliances of over 23 percent.

Many companies reported a higher ROI on their (19) than on their core businesses. The 25 companies

most active in alliances achieved a 17.2 percent return on equity - 40 percent more than the average of the

Fortune 500. Alliances clearly __(20)__ for the participants.

11. The best option is:

(A)fixed (C) increasing(B)decreasing (D) variable


(A)of (C) with(B) to (D) by


(A)simple contract (C) international business(B)difficult clauses (D) leading company


(A)in (C) into(B) throughout (D) towards


(A)one (C) they(B)nobody (D) the employees


(A)come (C) comes(B)are coming (D) coming


(A)to collapse (C) to reach(B) to climb (D) change


(A)these (C) much(B) there are (D) many


(A)alliances (C) percentage(B)returns (D) participants


(A)up to (C) benefits(B)pay off (D) is convenient



STOP



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Part 4

Specialized Terminology

Time: 20 minutes

This section is designed to measure your ability to manage specialized legal terminology in English. There

are two sections in this part, with special directions for each section.

Terminology

Directions: Inquestions 1-20, you will find sentences that include a legal term which is written in bold

letters. Below each sentence you will see four words or phrases, marked (A), (B), (C), and (D). Choose the

one word or phrase that best defines the legal term written in bold letters. Then, on your answer sheet, find

the number of the question and circle the letter of the answer you have chosen.


1. a. b. c. d.

1. Counsel conceded that his client owed the money.(A) had

(B) lost

(C) was obliged to pay

(D) needed to borrow

The correct answer is (C). A similar sentence should read, Counsel conceded that his client was obliged to

pay the money. Therefore, you should choose (C) and circle it on your answer sheet.


Go to the next page


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1. The ruling must be enforced.

(A)deleted(B)obeyed(C)drafted(D)violated

2. The subpoena was served on July 23rd.

(A)court order requiring to appear in court(B) interlocutory sentence(C)final judgment(D)affidavit granted before a notary public

3. IBM has several subsidiaries worldwide.

(A)business funds(B)companies owned by a parent company(C) international expenses(D)bank loans

4. We need our lawyer to take a look at this lease.

(A)criminal act(B)unlawful operation(C)agreement to rent property(D)purchase contract

5. Mr. Robinson granted a power of attorney.

(A)issued(B)allowed(C)returned(D)canceled

6. Informal businesses cannot be sued.

(A)managed(B) taken to court(C) legalized(D)authorized

7. A breach of contract may not be forgiven.

(A)drafting(B)filing(C) infringement(D)translation

8. Several fines were paid during the last fiscal year.

(A)penalties(B)fees(C)ornaments(D)gifts

9. Lawyers must demand an independent

relationship.

(A)make a strong request for(B)file a lawsuit against(C)urgently create(D)suddenly surrender10. We need to do a new assessment.

(A)assurance(B)execution(C)appraisal(D)devaluation11. The counterclaim was rejected.

(A)cross-action(B)double-claim(C)appeal(D)affidavit12. The mortgage has not been cancelled yet.

(A)sale of real estate property(B) lien on real estate property(C)award on real estate property(D)donation on real estate property13. Henry is an in-house counsel.

(A)expert on real estate law(B)construction lawyer(C) lawyer employed by a company(D)counsel who works at home14. Anti-trustregulations are global.

(A)rules against state-religious practices(B)rules against frauds(C)rules against monopolistic practices(D)rules to enhance confidence15. The promissory note was not signed.

(A)negotiable instrument(B)articles of incorporation(C)educational agreement(D)a purchase promise16. The enactment process is still slow.

(A)drafting of certificates(B)actions in process(C)court actions(D) making of laws


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17. Such felony did not exist in Arkansas.

(A)fellow(B)public law(C)fee(D)crime

18. Payments in-kind are not allowed in the contract.

(A)made in a form other that money(B)in cash(C)in a kind of credit(D)in parts

19. Said provision was not previously discussed.

(A)plan(B) item provided(C) legal stipulation(D)merchandise

20. The charter of the corporation seems unclear.

(A)schedule(B) liability(C)means of transportation(D)instrument of incorporation



STOP



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Part 5

Translation

Time: 35 minutes

Directions: Inthis section, you will four pieces of a text two in English and two in Spanish, all of them

broken down into several sentences which have been identified with small numbers within the same text. On

your answer sheet, you must provide an accurate translation for every sentence respecting each number

division.

Example

Original Text in English

1The decision by U.S. District Judge Rosemary Collyer is a victory

2for the National

Treasury Employees Union and other labor groups.3They argued the proposal, which was set

to be implemented Monday, would have taken away their bargaining rights4on issues such as

assigning employees and technology use.

Answer Sheet

Translation to Spanish

1 La decisin del Juez de Distrito de los E.U. Rosemary Collyer es una victoria

2 para el Sindicato de Trabajadores de la Tesorera Nacional y otras agrupaciones de trabajadores.

3Alegaron que la propuesta, la cual fue preparada para ser implementada el Lunes, les habra despojado

de sus derechos de negociacin

4en asuntos tales como los trabajadores de transferencia y el uso de tecnologa.

Now begin work on the translations.


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Translation No. 1 (English to Spanish)

1On December 1, 2001, the Russian Federation (the "RF") ratified in full

2the Convention on the

Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the "Hague

Convention"),3which was originally adopted on November 15, 1965.

4Since its ratification, the

Hague Convention has been an important tool for litigators practicing 5in Russian courts and in

foreign courts involving disputes with Russian parties.

* Translate the above translation on the spaces provided on you answer sheet.

***

Translation No. 2 (English to Spanish)

1Compensation for crimes.

2The commission of a crime generates an obligation to compensate for all

damages derived therefrom.3Whoever has suffered damages derived from a crime,

4has a right to be

compensated for such damages.5However, such right may be waived at any time.


***

Translation No. 3 (Spanish to English)

1Las sociedades se constituirn ante notario

2y en la misma forma se harn constar con sus

modificaciones.3El notario no autorizar la escritura

4cuando los estatutos o sus modificaciones

contravengan lo dispuesto por esta ley.5Se reputarn mercantiles todas las sociedades que se

constituyan en alguna de las formas reconocidas en el artculo 1 de esta Ley.


***

Translation No. 4 (Spanish to English)

1Si en el contrato no se hubiere fijado plazo,

2ni se hubiere expresado el uso a que la cosa se destina,

3el arrendatario ser libre para devolverla cuando quiera,

4y el arrendador no podr pedirla sino

despus de cinco das de celebrado el contrato.5Si el contrato se celebra por un trmino fijo, la renta

se pagar al vencerse el plazo.


*** THIS IS THE END OF THE EXAM ***