CẤU TRÚC VÀ THANG ĐIỂM CỦA MỘT BÀI THI TOLES FOUNDATION

a.     Thông tin về chứng chỉ TOLES Foundation:

-          Thời lượng kiểm tra: 90 phút

-          Kỹ năng được kiểm tra: đọc và viết

-          Trọng tâm: thực hành từ vựng tiếng Anh Pháp lý trong các tình huống thực tế; tổng hợp ngữ pháp cơ bản

-          Trình độ tiếng Anh tổng quát: tiếng Anh cơ bản A2 - tiếng Anh cao cấp C1

-          Điểm số: điểm số tối đa mà thí sinh có thể đạt được trong kỳ thi Foundation là 100 (Giấy chứng nhận: TOLES Foundation và bảng điểm chi tiết).

-          Thang điểm: chứng chỉ TOLES Foundation được phân làm 4 loại dựa trên kết quả làm bài của thí sinh.

+ Loại 1: từ 81-100 điểm. Thí sinh được đánh giá là có kỹ năng tiếng Anh pháp lý xuất sắc ở trình độ cơ bản. Thí sinh:

·         Hoàn thành các yêu cầu trong bài thi một cách tự tin và thuần thục

·         Đọc hiểu các văn bản tiếng Anh pháp lý ở cấp độ cơ bản một cách thuần thục và có khả năng xử lý ngôn ngữ rất cao

·         Hiểu các từ khoá trong những văn bản pháp lý chính quy nhất định một cách xuất sắc

·         Đã sẵn sàng để chuẩn bị cho kỳ thi TOLES Higher

+ Loại 2: từ 61-80 điểm. Thí sinh được đánh giá là có kỹ năng tiếng Anh pháp lý rất tốt ở trình độ cơ bản. Thí sinh:

·         Hoàn thành phần lớn các yêu cầu trong bài thi nhưng cần luyện tập nhiều hơn

·         Có những tiến bộ vượt bậc trong việc đọc hiểu các văn bản tiếng Anh pháp lý ở cấp độ cơ bản

·         Hiểu các từ khoá trong những văn bản pháp lý chính quy nhất định một cách khá tốt

·         Hầu như đã sẵn sàng để chuẩn bị cho kỳ thi TOLES Higher

+ Loại 3: từ 41-60 điểm. Thí sinh được đánh giá là có kỹ năng tiếng Anh pháp lý đủ tốt ở trình độ cơ bản. Thí sinh:

·         Gặp khó khăn khi hoàn thành các yêu cầu trong bài thi. Tuy thí sinh đã nắm bắt được những kỹ năng làm bài cơ bản nhưng cần phải hoàn thiện vốn từ vựng và sử dụng ngữ pháp chính xác hơn.

·         Đang trong giai đoạn làm quen với tiếng Anh pháp lý ở cấp độ cơ bản nên cần phải trao dồi nhiều hơn

·         Có thể nhận biết từ vựng pháp lý cấp độ cơ bản nhưng chưa thật sự nắm được các thuật ngữ

·         Cần phải trau dồi thêm ở cấp độ cơ bản trước khi sẵn sàng chuẩn bị cho kỳ thi TOLES Higher

+ Loại 4: từ 0-40 điểm. Thí sinh này vẫn chưa có kỹ năng tiếng Anh pháp lý ở cấp độ cơ bản. Thí sinh:

·         Có thể hoàn thành một vài các yêu cầu trong bài thi nhưng rất kém trong một số hoặc tất cả các phần thi trọng yếu.

·         Khả năng đọc hiểu tiếng Anh pháp lý ở cấp độ cơ bản dưới mức trung bình

·         Rất kém trong việc đọc hiểu những từ vựng pháp lý trong những văn bản pháp lý chính quy.

·         Cần song song hoàn thiện kỹ năng tiếng Anh tổng quát bên cạnh việc học tiếng Anh pháp lý

-          Thời hạn của chứng chỉ: Vĩnh viễn

 

b.      Đề thi TOLES Foundation:

TOLES FOUNDATION

PRACTICE PAPER ONE

Test of Legal English Skills.

Knowledge and understanding of legal vocabulary.

·         Do NOT open this paper until the invigilator gives you permission to do so.

·         You may NOT use a dictionary.

·         Answer all questions on the answer sheets in this booklet, using black or blue ink.

·         You may NOT use a pencil.

·         The time allowed for this examination is 90 minutes.

 

Legal reading and writing

Candidate code:

SECTION 1

Look at the groups of words below. In each group, three of the words belong together and there is one word that does not belong. Put a circle around the world that is the odd one out. Do NOT circle more than one answer for each group.

There is an example at the beginning (*).                                                                   (5 points)

---

Example

(*)          A. tax                        B. income                      C. dissolved                       D. corporation

(1)          A. ground                   B. claim                         C. litigation                          D. company

(2)          A. finance                   B. case                          C. precedent                        D. binding

(3)          A. accounts                B. allegation                   C. creditors                          D. debtor

(4)          A. loan                      B. landlord                      C. borrower                         D. rate

(5)          A. conveyance            B. mortgage                   C. real estate                       D. tribunal

 

SECTION 2

Look at the sentences below. Each sentence contains a mistake. The mistake is either an incorrect word or a word that should not be there. Put a circle around the word. Do NOT circle more than one answer for each sentence.

There is an example at the beginning (*).                                                                      (5 points)

---

Example

(*) I am very interested for learning more about intellectual property law.

(1) When you receive the money you must  put them into your bank account immediately.

(2) Where is the document which I gave it to you on Monday?

(3) When a client choose a law firm he or she usually looks at the firm's website for information. 

(4) My client agrees not to speak any confidential information to any third party.

(5) Your newspaper story made a lot of damage to my client's reputation. 

 

SECTION 3

Read the following pairs of sentences. For each pair of sentences there are two possibilities, A or B. Decide which sentence uses the correct preposition. Write your answers in the box below.

There is an example at the beginning (*).                                                               (5 points)

---

Example

(*) (A) You are liable about the payment of partnership debts.

     (B) You are liable for the payment of partnership debts. 

(1) (A) The law of tort imposes a duty of care to people and organisations.

     (B) The law of tort imposes a duty of care upon people and organisations.

(2) (A) You entered in this contract on 3 January.

     (B) You entered into this contract on 3 January.

(3) (A) My client has 200 shares in the company.

     (B) My client has 200 shares to the company.

(4) (A) The price depends of the quantity you want to buy.

     (B) The price depends on the quantity you want to buy.

(5) (A) I am not permitted to give you advice as that is a conflict of interest.

     (B) I am not permitted to give you advice as that is a conflict in interest.

(*) B

(1)

(2)

(3)

(4)

(5)

 

SECTION 4

Look at the article below. Read it and decide if the statements under it are TRUE or FALSE. Write your answers in the box below.

There is an example at the beginning (*).                                                                 (5 points)

---

In January 2010 the Court of Appeal in London upheld the ruling of a 2008 case. The case was from Oxford County Court. The claim began in 2003. In that year a man tragically died after attending a wedding. His name was Mr Bhamra, who was of the Sikh religion, was severely allergic to eggs. He knew about his allergy but he believed the food at the wedding was safe to eat because the Sikh religion forbids its followers to eat eggs. After eating food containing eggs at the wedding Mr Bhamra went into a coma and died in hospital three days later. Mr Bhamra's widow argued that the caterer was negligent and the Oxford court agreed and awarded damages. The caterer, Mr Prem Dubb, trading as Lucky Caterers, appealed.

Mr Dubb, himself a Sikh, told a court in Oxford that he prepared all the food for the occasion himself and it did not contain eggs. However, the court heard from another witness that Mr Dubb didn't have enough food prepared and bought food at the last moment from another establishment. The judge rejected the defendant's evidence and accepted that Mr Dubb provided food containing eggs. The judge ordered Mr Dubb to pay £415,000 on the grounds that he was guilty of negligence. Lord Justice Moore-Blick said in the High Court that caterers were not under a general obligation to provide information about the ingredients in food. However, in this situation, he said, wedding guests did not expect food to contain eggs and therefore felt it was safe to eat it. All three appeal judges ordered that Mr Dubb pay the awarded damages, plus interest of £36,000.

Example

(*) Mr Bhamra died in 2008.

(1) Mr Bhamra was not aware of the fact that he was allergic to eggs.

(2) Mr Bhamra died less than a week after attending the wedding.

(3) Mrs Bhamra argued that the caterer was in breach of his duty of care.

(4) The judge in Oxford doubted Mr Dubb's evidence.

(5) The appeal judges ordered Mr Dubb to pay a total of £36,000 in damages.

(*) FALSE

(1)

(2)

(3)

(4)

(5)

 

SECTION 5

Here is a conversation between a lawyer and his client. The conversation is mixed up. Put the conversation in the correct order. Write your answers in the boxes numbered 1-8 below.

There is an example at the beginning (*), which is the start of the conversation.           (8 points)

---

Example (*)

(AA) Hello Mr Middleton. My name's Barbara Reacher. I'm the director of a small limited company. I'm calling you because we've got an emergency. A problem with a creditor.

(A) I see. Well, I agree with your decision. Why should you pay in full when you didn't get the service that was promised? What was the disputed amount?

(B) Really? That's not the problem at all. The company has enough money in the bank to pay all of our outstanding bills.

(C) That's good to know. May I make an appointment with you so we can start the process of getting an injunction?

(D) Does he indeed? That's a very serious thing to say. A winding-up order is an order from a court which closes the company in order to pay its creditors. A creditor can only apply for an order if he or she believes the company is insolvent.

(E) Then it appears Mr Phillipson is using the threat of a winding-up order to pressure you to pay. The answer is to go before a judge and obtain an injunction to stop him. When we have that, Mr Phillipson will have to think again. Judges don't like creditors who use winding-up orders in this way.

(F) Oh dear. I'm sorry to hear that Ms Reacher. Could you give me a few details about your difficulty?

(G) It was £2450. I told him immediately that it was too much for the terrible service he provided. He sent lots of angry emails demanding payment and he refused to negotiate a smaller amount. Now he says he'll apply for a winding-up order unless he receives payment within 7 days.

(H) Yes. Our creditor is a man named Charles Phillipson. He provided a consultancy service to our company last year. The problem is that we weren't happy with his service and we refused to pay the full amount of his invoice.

(*) AA

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

 

SECTION 6

Look at the phrases below. They all belong to an area of law. In the lists below, put each phrase under the correct area of law. Write the letters (A,B,C, etc) in the spaces provided.

There is an example at the begining (*).                                                                  (12 points)

---

Example (*)

(AA) to lease commercial premises

(A) to pay rent to a landlord                         (G) to be a mortgagee

(B) to have joint and several liability             (H) to intend to form a legal relationship

(C) to evict a tenant                                    (I) to make clear acceptance

(D) to contribute capital                               (J) to make drawings

(E) to work in conveyancing                         (K) to dissolve the business

(F) to make a legally binding offer                (L) to exchange consideration

The law of real property

(*) ...AA...

1. ............

2. ............

3. ............

4. ............

The elements of a contract

5. ............

6. ............

7. ............

8. ............

Working as a partnership

9. ............

10. ...........

11. ...........

12............

 

SECTION 7

Look at the list of words. They are all verbs. Put the correct word into the sentences below. Write your answers in the boxes number 1-10 below.

There is an example at the begining (*).                                                                (10 points)

---

(AA) grant                            (C) retire                         (F) realise                             (I) act

(A) bear                                (D) declare                      (G) take                                (J) apply

(B) qualify                             (E) start                          (H) indemnify

Example

(*) The Writer agrees to (*) ...... a license to the Company to publish his work in the Territory.

(1) The company made a good profit last year and the directors agreed to (1) ...... a dividend.

(2) If you want to (2) ...... a claim against a debtor in the U.K. it is possible to do so online if the claim is for £5000 or less.

(3) A liquidator must (3) ...... the assets of a company, which means to sell those assets in order to pay the company's debts.

(4) Are you going to (4) ...... an exam at the end of your legal education course?

(5) My son will (5) ...... for a job with a commercial law firm next year.

(6) In the U.K. it is necessary to have a law degree to (6) ...... as a lawyer.

(7) The Seller agrees to (7) ...... the Buyer against any claim made by any third party in connection with this Agreement.

(8) The Seller agrees to (8) ...... all transport and insurance costs.

(9) At what age do your employees usually (9)......? 

(10) My name is Robert Preston and I (10) ...... for the defendant in this matter.

(*) AA

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

 

SECTION 8

Read the text below. It is from a contract. Some of the words or phrases in the text are underlined. The meanings of these words or phrases appear in the box below, but they are not in the same order. Match the underlined words in the text with the correct meanings by writing the letters (A,B,C, etc) in the box below.

There is an example at the beginning (*).                                                                     (10 points) 

---

FROM A CONTRACT FOR SERVICES

10. Termination

Either party may (*) (AA) terminate the Agreement immediately by written notice in the event that the other party commits a (A) breach of the Agreement which the party serving the notice reasonably considers is not capable of (B) remedy or the other party has continued in any breach of the Agreement for more than 21 days after being given notice in writing of such breach. The Company may terminate the Agreement (C) forthwith by written notice to the Customer (D) in the event that:-

(a) The Customer is a (E) company, and the company passes a (F) resolution or the court makes an order that it should be (G) wound up or that an administrator be appointed, or if the Customer makes an arrangement with its (H) creditors, or if a receiver or administrator on behalf of a creditor is appointed, or if circumstances arise which entitle the court or a creditor to appoint a receiver, or administrator; or

(b) The Customer being an individual at any time becomes (I) bankrupt, or has a receiving order made against him or her or makes any arrangement with or for the benefit of his or her creditors, or purports to do so; or

(c) The Customer is a (J) partnership and any partner thereof at any time becomes bankrupt, or has a receiving order made against him or her, or any partner or the partnership makes any composition or arrangement with or for the benefit of their creditors, or purports to do so.

(*) AA	end
	a business relationship in which people have joint and several liability
	if
	immediately
	people or organisations who are waiting for payment
	a failure to carry out obligations
	brought to an end; permanently stopped
	a formal decision made at a meeting
	not having enough money to pay his or her debts
	an incorporated business which directors run and shareholders own
	a legal solution which compensates for a failure to carry out obligations

 

SECTION 9

Read the text below. There are ten words missing from the text. In the spaces below, give the missing words. The first letter of each word has been provided for you.

There is an example at the beginning (*).                                                                        (20 points)

---

WORKING AS A SOLE TRADER

'Sole (*)......' or 'sole proprietor' is the name of the type of business that one person (1) ...... and controls. This person makes all of the decisions for the business and keeps any (2) ...... that the business makes. There are no partners or shareholders to share with, which can mean that a sole trader becomes rich quite quickly. However, he or she is also personally liable for any losses.

There are some advantages to being a sole trader. Firstly, it is easy to (3) ...... up this kind of business. In the U.K. you only need to register with the tax authorities, (H.M.R.C), and declare that you are self-employed. You must do this within three months of starting the business. There is no cost to this, as there is no registration (4) ...... Another advantage is that a sole trader does not need to complete the complicated forms that a limited company is obliged to fill in. Nor does a sole trader have to provide that detailed accounting information that limited companies must produce. However, a sole trader must prepare accounts for his or her (5) ...... self assessment tax return, which is the document that declares yearly profits and tax liability. Another advantage is that all the financial information of a sole trader is private, unlike U.K. limited companies, which need to (6) ...... accounts each year at Companies House. The accounts of limited companies are accessible to the public.

The main disadvantage of being a sole trader is that the owner of the business is solely liable for any consequences of business failure. This means that in a situation where the business cannot pay its (7) ...... because it doesn't have enough money, the sole trader may lose his or her personal (8) ......, such as his or her home, as a consequence. A sole trader may also be liable for other things, such as injuring a customer due to a (9) ...... of the duty of care. For this reason, a sole trader must buy public liability (10) ...... in order to be sure that he or she can meet the cost of any claim.

(*)             trader          

(1)                                                            (6)                                                                     

(2)                                                            (7)                                  

(3)                                                            (8)                                 

(4)                                                            (9)                                  

(5)                                                            (10)                               

 

SECTION 10

Read this newspaper article and answer the questions that follow on the next 2 pages. Answer each question using a full sentence. No points are awarded for answer that are not a full sentence.

There is an example at the beginning (*).                                                                 (20 points)

---

In 2005 a small ship was involved in an accident at sea near the Shetland Islands. The Shetland Islands are located off the northeast coast of Scotland. The name of the ship was The Anglian Sovereign and she belonged to a company named Klyne Marine Services. The Bristish Marine and Coastguard Agency (the MCA) contracted with Klyne Marine Services to use their ships in this area. The job of the MCA is to implement the U.K. government's maritime safety policy. The motto of the MCA is 'safer lives, safer ships, cleaner seas'. The job of The Anglian Sovereign was to prevent commercial ships from polluting the sea in this beautiful, remote part of Scotland. On 3 September 2005, the ship was patroling near the uninhabited island of Oxna. The ship hit rocks near the island, with horrific consequences for the local environment. The collision with the rocks fractured the fuel tank of the ship. As a result, 84 tonnes of diesel fuel leaked from the fuel tank into the sea. This incident was very embarrassing for the MCA, whose function was to prevent pollution. This embarrassment became worse when the police reported that the captain of The Anglian Sovereign, Peter Leask, was three times over the legal limit for alcohol when he was in charge of the ship that day. Mr Leask later appeared in the criminal court and went to prison for 8 months in March 2006. A local business, Hjaltland Sea Farms, then started a civil action against Klyne Marine Services. The claimant company farmed and sold salmon, a very expensive fish. Hjaltland Sea Farms had to stop work at three of their fish farms in the area for a period of three days due to the pollution in the water. The claim was for loss of profit, extra management time to deal with the crisis and the cost of buying cleaning equipment. In July 2010 a judge at Lerwick Sheriff Court awarded the claimant a total of £25,120.71. £24,020.71 of this sum was for loss of profit. The judge in the case, Sheriff Graeme Napier, also ruled that the defendant must pay 8% interest on the total amount over the five-year period. Klyne Marine Services decided to appeal but later withdrew this action. The managing director of Hjaltland Sea Farms, Mr Micheal Stark, said that he was pleased with the result of the case. He said that the case set a precedent. This precedent makes it clear to anyone who may pollute the sea with oil that it is entirely foreseeable that the fish farm industry will suffer a loss as a consequence. And where there is a foreseeable loss the injured party is entitled to receive damages. Lawyers expect to see a huge number of similar claims arising from the B.P. oil spill in the Gulf of Mexico in 2010.

 

SECTION 10 - QUESTIONS

Example (*) In which year did the accident at sea happen?

Answer: The accident at sea happened in 2005.

(1) What was the name of the ship that was involved in the accident?

(2) Who were the owners of the ship that was involved in the accident?

(3) Which organisation contracted with the owners of the ship to use it in this area?

(4) Which part of the ship was damaged in the accident?

(5) Why was the captain of the ship sent to prison?

(6) What did the claimant company in the civil case produce?

(7) The claim was made up of three parts. What were those three parts?

(8) What sum of money was the defendant ordered to pay interest on?

(9) What precedent does the managing director of the claimant company say this case sets?

(10) What event of 2010 do the lawyers think will lead to a lot of similar claims?