PGDLPO-02

POST GRADUATE DIPLOMA IN LEGAL PROCESSOUTSOURCING

Term-End Examination

December, 2009

00886PGDLPO-02 : Paper-II

Time : 3 hours Maximum Marks : 100

Note :

(i) Paper - II covers two courses :

MLEI - 8 (VIM)

MLEI - 5 (LEAP)

(ii) MLEI - 8 (VIM) is divided into two parts each carrying 20 marks.

(iii) MLEI - 5 (LEAP) is divided into two parts, PART A - 45 marks and Part B - 15marks.

MLEI - 8 (VIM)

(40 MARKS)

PART - A

All questions are compulsory. 10x2=20

1. Which of the following is not a primary authority ?

Lawrence V. Texas, 539 U.S. 558 (2003).

Marbury V. Madison, 5 U.S. (1 Cranch) 137 (1803).

Peter Goodrich "Epistolary justice : the love letter as law" 9 Yale J.L. andHuman. 245 (1997)

Public law 82 - 352 (78 stat. 241).

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2. What do we mean by secondary source ?

A case that is not binding.

The obiter dicta of a case.

A statute from a different jurisdiction

Literature that explains or interprets primary authorities.

3. In Westlaw the search term 'aln' may yield searchers for which of the following words.

Assess, Aspect, Aspen.

Assign, attention, abortion.

Nascent, Napier, nullis.

None of the above.

4. The search term "Cheating And Fraud" will yield results that :

Mention both cheating and fraud.

Mention either cheating or fraud.

Ensure that results contain only cheating and not fraud.

Contain the word 'fraud' within 7 words of the word 'cheating' and vice versa.

5. A wildcard search refers to a search :

Which can be used to look for alternative suffixes, endings and spellings of yourkey terms.

Which is across multiple domains.

For which you do not know the date.

That randomly chooses the most approximate results for your search terms.

6. You are an LPO professional in India, and are enrolled as an Advocate only at a Barcouncil in India. Can you give legal advice on U.S. Law to clients based in the U.S. ?

Yes

No

(c) Yes, in circumstances where the transaction relates to Indian law.

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7. If a Primary Lawyer sends you privileged documents regarding a client,

You can only share these documents with people who have authorization toview these documents.

You can make copies of these documents and give them to friends.

(c) You can e-mail soft - copies of these documents to people who you think may beinterested.

8. If you are provided with a copy of a document that your client has produced in court,which folder will you put the document in ?

Privileged documents.

Client Documents.

E - Discovery documents.

Produced Documents.

9. "Third party documents" means :

Documents pertaining to persons wholly unrelated to the present case.

Documents pertaining to persons not at dispute or not part of the transaction,but may be relevant to the dispute or the transaction.

Documents pertaining to another party to the dispute or transaction.

Documents provided by or filed by your client.

10. E - Discovery refers to :

The process by which electronic data is searched, located and secured with theintent of using it as evidence in a legal case.

Giving notice to the opposite party to produce documents filed by them in courtin electronic format.

Giving notice to the opposite party via e-mail to produce certain documents inprinted form.

Discovery in which the documents are provided in an electronic format.

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PART - B

11. Note : Answer any one of the two questions given below, in not more than 300 words. 20

(a) If you are an LPO professional in India and are doing work for a primary lawyerbased in the United States, who works for a client based in the United States :

Discuss the duties of the primary lawyer towards his client in the UnitedStates.

Discuss the terms and conditions the primary lawyer must place upon you.

OR

(b) What is a 'Letter of Preservation' ?

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MLEI - 5 (LEAP)

(60 MARKS)

All questions are compulsory.

PART - A 15x3=45

1. The Supreme Court of the United States hears most cases that come before it bygranting :

A Writ of Habeas Corpus.

A Writ of Certiorari.

A Writ of Stare decisis.

A Writ of Res judicata.

2. Federal statutes are a :

Primary binding source of law.

Secondary persuasive source of law.

Secondary binding source of law.

Primary persuasive source of law.

3. 12 of the 13 circuit courts :

enjoy nationwide jurisdiction.

are geographically defined.

are geographically defined and enjoy nationwide jurisdiction.

decide which cases to hear through granting of writs of Certiorari

4. An appeal from the High Court usually goes to the :

Court of Appeal

Country Court

Sheriff Court

House of Lords

5. The unauthorised practice of Law :

is best understood as the provision of legal advice.

is best understood as the drafting of contracts.

is best understood as the practice of law.

is best understood by researching the rules of the specific jurisdiction involved.

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6. The Issues in the IRAC micro outline is all of the following EXCEPT :

a sub-issue of the question presented.

an isolation of one element of the problem.

a combination of a question of law and legally significant facts.

a question presented.

7. The citation for a case usually has the following three (3) main parts :

Case name, Reporter information and Parenthetical information.

Case name, Pinpoint citation, Year.

Case name, Parenthetical information, Court name.

Case name, Volume Number of the Reporter, Year.

8. The Bases of Federal Jurisdiction include all EXCEPT :

Diversity

Alienage

Federal Question

Personal

9. A counter-claim unlike an impleader involves the :

Plaintiff and a 3rd party.

Defendant and someone new outside the existing suit.

Plaintiff, defendent and someone outside the existing suit.

Existing parts in the suit.

10. E-Discovery refers to :

discovery of electronically stored information.

discovery of e-mails only.

discovery of online bank statements only.

discovery of chat messages only.

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11. Unilateral disclosure in the discovery process refers to :

Interrogatories.

Requests for Production.

Requests for Admission.

Required Initial Disclosures.

12. A motion in limine seeks to exclude all of the following types of evidence EXCEPT :

Prejudicial

Irrelevant

Incontrovertible.

Inflammatory.

13. In situations involving consent given because of fraud, the consent is vitiated if :

the fraud was committed by a fiduciary.

the fraud caused by the consent.

the fraud was committed after the consent was given.

the fraud was not caused by the consent.

14. The difference between impossibility and frustration is that :

Frustration is an excuse for the non-performance of duties under a contract.

Impossibility relates to the reason the party entered into the contract.

Impossibility relates to the duties specified in the contract.

Impossibility relates to an unforeseen event that undermines a party's principalpurpose for entering into a contract.

15. The duties owed by agents include all of the following EXCEPT :

Fiduciary duty to the principal.

Duty to follow instructions.

Duty to avoid conflict of interest.

Duty to make a secret profit for the principal.

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PART - B

NOTE : This question requires you to read the facts and law provided below to prepare amemorandum in the IRAC structure. Make sure you edit and revise beforesubmitting.

The Facts :

Your client, Anuj Kumar, is the owner of a company that sells televisions. For hisbusiness, he buys television parts from suppliers all over the country.

Anuj had a wife who didn't like him to travel too often so he hired Shalini Sud onMarch 3, 2008. Anuj told all the suppliers that he does business with Shalini and shewould be acting on his behalf going forward. Within a few days, Shalini met some ofthe suppliers and bought television parts as she had been instructed to do by Anuj.

In mid April, Anuj's brother, Ankur, accused Shalini of stealing his cell phone.As a result of this, Shalini left Anuj's employment. Later, Shalini found out that Anujappointed Shalini's junior from college, Abhimanyu as an agent. Shalini continued tobuy television parts from Anuj's suppliers and told the suppliers that Anuj would paythem as usual later on. Shalini then sold the television parts but never paid the suppliersand never gave Anuj any of the sale proceeds.

The suppliers told Anuj that he owed them money but Anuj told them he wouldnot pay them because Shalini was no longer his employee, and that he was not liablefor television parts that Shalini bought.

The law on the point states : 'A principal is responsible for the acts of his agentcommitted in the course of employment. An agent is a person who acts on behalf ofanother, or a person who has been held out as acting on behalf of another'.

Prepare a memorandum for Anuj in the IRAC structure NOT exceeding 200 wordsin length, advising him on whether he must pay for the television parts.

You will be scored on spelling, grammar, and sentence construction (20%), onstructuring (40%), and on the content of your note (40%).

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