examination (předmět odborná jazyková průprava ii ...€¦ · a focused on their good products...

1 __________________________________________________________________________________ English for International Trade Law II, Chapter 10: Exam Practice, CJV MU 2015 Intended solely for classroom use and self-study

EXAMINATION (předmět Odborná jazyková průprava II - angličtina)

The aim of the examination is to test students’ English language communication skills within the area of International Trade Law. The exam covers reading, listening, writing and speaking skills, specific technical terminology, as well as the ability to recognize and use typical grammatical points. The topics cover both semesters of English. You can get 100 points maximum, to pass the examination, you need at least 60 points.

The examination will consist of 5 parts:

PART 1: LISTENING - 15 points maximum, each correct answer is awarded by 1 point, incorrect answers count zero points

Task 1 – conversation, 5 multiple choice questions Task 2 – monologue, 10 gaps to fill with one word

PART 2: READING - 20 points maximum, each correct answer is awarded by 1 point, incorrect answers count zero points

Task 3 – match 5 paragraphs to their summaries Task 4 – 5 multiple choice questions (reading comprehension) Task 5 – transforming 5 words to fit the text Task 6 - choose the correct word – 5 multiple choice gaps

PART 3: GRAMMAR & LEXIS - 20 points maximum, each correct answer is awarded by 1 point, incorrect answers count zero points, you can 0.5 point for partially correct answers in Task 7, items 36 - 51

Task 7 – 16 translations (8 expressions into English, and 8 expressions into Czech) Task 8 – transforming 4 sentences

Part 4: WRITING - 15 points maximum, 1/4 points are awarded for 1) fulfilling the tasks, 2) appropriate structuring of the text, 3) correct use of vocabulary, 4) correct use of grammar

Task 9 - writing a letter, an email, or a memorandum in a formal style Part 5: SPEAKING (in pairs) - 30 points maximum, 1/4 points are awarded for 1) fulfilling the task, 2) correct vocabulary, 3) correct grammar and 4) correct pronunciation and intonation

- Introduction (for a pair of students), 2 minutes as a whole, the examiner asks each student questions about the name and information related to their study or work

- Individual task (different for each student in a pair), 1 minute of preparation, 2 minutes speaking, 1 minute asking/answering questions (per 1 student)

- Interactive task (for a pair of students), 1 minute of preparation, 3 minutes of speaking, 1 minute asking/answering questions

Instructions created by the team of authors.


MOCK EXAM:

Task 1

You will hear an interview with three persons: Nicola Melizzano, Derek Chalmers and Heike Zweibel about Going Global with their business. For questions 1- 5, choose the best answer (A, B, C or D). You will hear the recording twice.

1 Nicola’s business went global because A the grandfather decided to export to Asia. B they changed the retro 50th packaging. C they designed a new, original website. D the chamber of commerce invited foreigners. 2 Nicola thinks their business is successful because of A the combination of luck and the market getting global. B the growing Japanese coffee chains. C the worldwide love for coffee and coffee shops. D the growing importance of Asian culture. 3 In the mid 1990s Derek’s company A nearly closed down. B had to be reduced in size. C refused to ship out to China. D were not affected by the recession. 4 Derek’s business expanded because they A focused on their good products and web technologies. B started exporting to the Americas mainly. C managed to avoid the changing situation. D started manufacturing computers and televisions. 5 Heike Zweibel A has not gone global at all. B is expanding her business slowly. C thinks that real art cannot be global. D prefers her work to be done individually.

Task 1 – recording from: http://learnenglish.britishcouncil.org/en/professionals-podcasts/going-global

Useful tips

Use the time at the start of the recording to read the questions and the four options so that you know what key points to need to listen out for.

Be aware that an option is not necessarily the correct answer just because it contains a word from the recording. Choose your answer by trying to understand the underlying meaning of what the speakers are saying.

http://learnenglish.britishcouncil.org/en/professionals-podcasts/going-global


Task 2

You will hear an excerpt from a lecture on contract law. For gaps 6-15, complete the sentences with ONE word. You will hear the recording twice. The first gap is filled in as an example.

Three requirements for (0) formation of contract:

(6) ________________

consideration

intention to create (7) ___________ relations

Agreement: when (8) ____________ become a settled deal

When an offer is made and (9) _____________ , there is agreement.

Questions about offers: e.g. who makes an offer in an auction? Is a (10) _____________ list an offer? Is an advertisement an offer? …

Questions about acceptance: does acceptance have to be (11) ______________. Acceptance by (11) ______________ or conduct.

Consideration basically means the (13) ______________. If there is no consideration, the contract is not legally (14) _____________ .

Next week's lecture will cover rules of (15) ____________________.

Task 2 - Introduction to International Legal English, CUP 2008, p.21, Listening 2.4, Track 8

Useful tips

Use your time at the beginning to read the text so that you know what topic to expect and what words to listen out for.

Fill in the gaps as best as you can when listening to the monologue the first time. Then use the second listening to conform that the answers you have written are correct.

If you do not understand one item, forget it and focus on the next gap, otherwise you risk missing something. Remember that you may understand the item better the second time you listen.


PART 2:

Task 3

Read the text about the WTO agreement in Bali. For each gap 16 - 20, choose the sentence A-G, which summarizes the paragraph. There are two extra sentences you do not need to use.

16 __ After more than a dozen years of negotiations and a final push over the last four days the World Trade Organization (WTO) sealed its first global trade deal when almost 160 ministers who had gathered on the Indonesian island of Bali agreed to reforms to boost world commerce. Although the agreement is criticized by anti-poverty charities, the biggest news is the mere fact that trade officials managed to agree on anything at all.

17 __ At the heart of the agreement were measures to ease barriers to trade by reducing import duties, simplifying customs procedures and making those procedures more transparent to end years of corruption at ports and border controls. At the same time the negotiations were preceded by 20 years of bitter disputes as developing countries attempted to protect their new agricultural and industrial sectors.

18 __ John Cridland, head of the Confederation of British Industry, said that "With many international businesses looking further afield at new export markets, this deal is good news," he said. "Now we need to see ambitious bilateral trade and investment agreements with the US and Japan to provide an additional boost to UK export performance over the long term."

19 __ But the World Development Movement (WDM) warned it was "an agreement for transnational corporations, not the world's poor". Nick Dearden, director of the WDM, said: "On the positive side, developing countries forced concessions to the pro-corporate agenda of the US and EU. However, those concessions are only the minimum necessary to get through what remains a deal for corporations, not for the world's poor.

20 __ "Here in Bali, social movements, trade unions and campaign groups have supported the efforts of developing countries to get a deal which moves the agenda away from a pro-corporate charter and towards something that asserts the rights and needs of the majority of the world's population," he said. "The result means that we have moved only a little, and shows again that the WTO can never be a forum for creating a just and equal global economic system."

A The agreement promotes free trade even though there are countries which fight for protectionist measures.

B Even though many groups attempted to bring attention to the needs of developing countries, the agreement reflects the interest of the minority.

C The agreement brought a few benefits for poor countries, but as a whole it serves transnational companies.

D Many US and UK companies do not want to make business with corporations in developing countries.

E The WTO was successful at making an agreement although there are opinions which consider the agreement bad.

F Although the agreement is successful, there are campaigns to support trade barriers and customs procedures.

G Industrial countries consider the agreement as an opportunity to increase trade with other developed countries.


Task 3: text compiled and adapted from: http://www.theguardian.com/world/2013/dec/07/wto-global-trade-deal-condemned-poverty , http://www.theguardian.com/global-development/poverty-matters/2013/dec/06/wto-agreement-bali-helped-developing-countries-india

Task 4

Read the text about the differences between trading with various countries. For questions 21 - 25, choose the best answer (A, B, C or D). Last week I was doing some public speaking on international trade development and a little group of delegates (from Russia/ Ukraine/ Azerbaijan – various sectors) approached me and asked why aren't UK exporters as co-operative as suppliers based in countries such as Germany and Russia?

A couple of things they mentioned was our reluctance to move from ExWork or FCA delivery terms while German companies begin with offering delivered prices and USA even work on DDP terms. They also expressed concern that UK companies always ask for full payment in advance rather than negotiating payment terms - which may include payment in advance so they aren’t opposed to this but to say this is the only way UK supplier will trade with them was seen as a little insulting and arrogant.

The Russian guys said that Germany and USA suppliers were now shipping direct into Russia but UK suppliers were still wanting them to consolidate from Finland, Germany etc so giving them extra costs, delays and paperwork issues. Again, the customers may prefer to consolidate their shipments through Germany or Finland but they want to negotiate this not have it presented as an ultimatum.

One of the Ukraine people said he'd hit upon what he thought was a great compromise so the Ukraine company didn't have to get involved with EU export declarations, etc he bought FCA Finland - unfortunately he found that the UK suppliers didn't understand that they had to ensure the goods could leave the EU as FCA means the goods are free from export restrictions. One quote (I'm paraphrasing a little) was: "German supplier says: give me a reason why you won't buy from me! UK supplier says: give me a reason why I should sell to you!"

21 According to the text, which countries are similar in their approach to business: A UK and Germany B UK and USA C Germany and USA D Finland and Germany 22 US companies A are quite flexible with the Incoterms. B insist on one Incoterm in most contracts. C do not want to pay UK companies in advance. D prefer negotiating payment terms to delivery terms. 23 UK companies are criticized for A not having acceptable negotiation skills. B dictating both payment and delivery terms. C delaying the payment when shipping though Finland. D causing problems with wrong documents. 24 The Ukrainian company had bad experience with a UK supplier because A the UK company made mistake when arranging the export clearance. B the shipment could not be sent through Finland. C the delivery terms did not comply with EU export declaration. D the UK company misunderstood the negotiated delivery term.

http://www.theguardian.com/world/2013/dec/07/wto-global-trade-deal-condemned-poverty


http://www.theguardian.com/global-development/poverty-matters/2013/dec/06/wto-agreement-bali-helped-developing-countries-india



25 The quote at the end can be paraphrased as A Both German and English companies need to hear reasons. B UK companies are more willing to sell abroad than German companies. C Compared to German suppliers, it takes longer to UK suppliers to agree on a deal. D German companies care for their exports, while UK companies don’t. Task 4: text adapted from: http://import-export-training.blogspot.cz/2013/04/why-do-russian-cis-company-prefer-to.html

Task 5

Read the following extract about payment problems in international trade. For each gap 26 - 30, use the words in CAPITALS to form one word that fits in the same numbered gap in the text. Number (0) has been done as an example.

The simplest solution to a payment problem is to contact and negotiate with the customer. With patience, understanding, and flexibility, an (0) exporter can often resolve conflicts to the satisfaction of both sides.

This point is especially true when a simple misunderstanding or technical problem is to blame and there is no question of bad faith. Even though the exporter may be (26) ______________ to compromise on certain points - perhaps even on the price of the goods - the company may save a (27) ______________ customer and profit in the long run.

However, if (28) ______________ fail and the sum involved is large enough to warrant the effort, a company should obtain the assistance and (29) ______________ of its bank, legal counsel, and other qualified experts. Since arbitration is often faster and less (30) ______________, this step is preferable to legal action if both parties can agree to this solution.

(0) EXPORT

(26) REQUIREMENT

(27) VALUE

(28) NEGOTIATE

(29) ADVISE

(30) COST

Useful tips

First, read the text quickly to get a general idea of its meaning.

Read each sentence carefully to determine the part of speech required to fill in the gap(s) in it. The words before and after the gap will help you.

Word transformation involves creating the noun, verb, adjective or adverb form of the word given, sometimes by adding a prefix or a suffix.

If a noun is required , read the surrounding text to decide whether it needs to be a singular or plural form.

Check your spelling, you will not get a point for any word spelled incorrectly.

http://import-export-training.blogspot.cz/2013/04/why-do-russian-cis-company-prefer-to.html


Task 5: text adapted from: http://www.unzco.com/basicguide/c12.html

Task 6

Read the following extract about international contract law. For questions 31 - 35, choose the best answer (A, B, C or D).

A contract is a legally (31) _____________ agreement between two or more parties that creates a legal (32) _____________between them.

International contract law concerns the legal rules relating to cross-border agreements. When parties from different countries (33) _____________ into a contract, they are governed by this type of law (34) _____________ they agree to abide by the laws of one of the countries. It is frequently applied to international sales contracts.

International sales contracts are governed by the United Nations Convention on Contracts for the International Sale of Goods. The convention was developed in the hopes of (35) _____________ international trade by developing a global set of rules for contracts.

31 A actionable B enforceable C avoidable D applicable

32 A credit B impediment C damages D obligation

33 A conclude B come C enter D meet

34 A provided B unless C while D because

35 A breaching B settling C imposing D promoting

Task 6: text adapted from: http://www.wisegeek.com/what-is-international-contract-law.htm

Useful tips

Read the whole text quickly first to get an idea of its general meaning.

The four multiple-choice options provided are all the same part of speech, so they may fit in the gaps grammatically, but not make sense in the sentence or text.

Look carefully at the words preceding and following the gap as they may serve as clues. You may recognize words that collocate with the correct answer.

If there are words you do not know in a sentence, try to get a general understanding of the sentence by thinking about its meaning in the context of the text.

http://www.unzco.com/basicguide/c12.html

http://www.wisegeek.com/what-is-international-contract-law.htm


PART 3: GRAMMAR & LEXIS - Task 7 and Task 8

Task 7 For items 36-51, translate the Czech expressions into English and the English ones into Czech.

Claimant, a U.S. distributor, signed an exclusive distributorship agreement (the “Agreement”) with Defendant, an Italian manufacturer of fashion products. The Agreement provided that Defendant would (36) doručit zboží in one or more instalments for the fall/winter and spring/summer seasons, and that payment had to be made by means of a (37) letter of credit (“L/C”). When Defendant requested higher prices for its products, (38) Claimant refused to open the L/C for the instalment in question. However, after a formal notice by Defendant stating that if Claimant failed to pay within twenty days of receipt (39) Defendant would terminate the Agreement, Claimant declared its willingness to (40) comply with the requirements. Nevertheless Defendant terminated the Agreement despite the fact that it knew that Claimant had (41) splnil svou povinnost.

Claimant initiated an ICC arbitration proceedings (42) požadující odškodnění for the (43) ztrátu zisku suffered as a result of the wrongful termination of the Agreement by Defendant, while Defendant counterclaimed for payment of overdue invoices and other matters.

The Arbitral Tribunal held that the (44) dispute was governed by CISG. The Agreement provided that “*t+he Arbitrator shall apply the 1980 UN Convention on the International Sale of Goods for what is not expressly or implicitly provided for under the contract *…+”. According to the Arbitral Tribunal, by submitting the Agreement to CISG notwithstanding the fact that CISG does not, in principle, apply to long term distribution contracts, “the (45) smluvní strany have clearly (46) naznačily úmysl to avoid their respective internal rules, and to resort to neutral solutions”.

As to the merits of the case, the Arbitral Tribunal found that Claimant’s initial refusal to open a L/C (47) constituted a breach of its obligation to pay which entitled Defendant to terminate the Agreement (48) v souladu s článkem 64(1)(b) CISG.

With respect to Claimant’s argument that since on a previous occasion Respondent had (49) přijal platbu by ordinary wire transfer the parties had agreed to modify the (50) provision of the Agreement imposing payment by L/C, the Arbitral Tribunal recalled that the Agreement expressly provided that any (51) addition or modification of it must be made in writing.

36 _______________

37 _______________

38 _______________

39 _______________

40 _______________

41 _______________

42 _______________

43 _______________

44 _______________

45 _______________

46 _______________

47 _______________

48 _______________

49 _______________

50 _______________

51 _______________

Task 7: text modified from: http://www.unilex.info/case.cfm?pid=1&do=case&id=1159&step=Abstract

http://www.unilex.info/case.cfm?pid=1&do=case&id=1159&step=Abstract


Useful tips

Read the whole text quickly to get an idea what the text is about. Then concentrate on careful translations.

Always check if your translation makes sense in the whole sentence.

Task 8

For questions 52-55, transform the sentences so that the meaning is the same.

There is an example at the beginning.

Example: The modification of the contract was not valid because it was not evidenced in writing.

If the modification had been evidenced in writing, it would ... have been … valid.

______

The party is exempted from paying damages because it is an impediment beyond his control.

The party would not be exempted from paying damages if it (52) ____________ an impediment beyond his control.

______

The party may make an acceptance by a statement.

An acceptance may (53) ____________ by a statement.

______

The provision is binding on the parties.

The parties (54) ____________ by the provision.

______

The court held: “The importer failed to establish lack of conformity within a reasonable period of time.”

The court held that the importer (55) ____________ to establish lack of conformity within a reasonable period of time.

Created by the team of authors.

Useful tips

Types of grammar which is tested: passive and active voice, reported speech, conditional sentences (including “unless” and sentences started with “Should … “).

Always read carefully both sentences to check the meaning and correct grammar.


Pay attention to the third person singular if necessary.

Check your spelling, you will not get a point for any word spelled incorrectly.

Part 4: WRITING - Task 9

Task 9

Write down a memo to the colleagues in your company informing them about an in-house seminar on INCOTERMS 2010. Include the following (leave out To/From/Date/Subject):

- there was need for training on Incoterms

- Friday 11 April, 9-12, John Wolkovitch, an expert, programme available next week

- everybody is invited

- need to know the number of participants

The memo must be of 100-150 words in an appropriate style.

Useful tips

Make sure you include all the points from the instructions in a logical order - make a plan before you start writing so that you don’t forget anything.

Try to avoid using the same language as in the notes which may be too informal.

Keep an appropriate level of formality, using a correct opening and closing.

Keep the word limit, you will be penalized for if you write too few or too many words.

Use paragraphs to organize your text clearly.

Created by the team of authors.

References: Task 1 – recording from: http://learnenglish.britishcouncil.org/en/professionals-podcasts/going-global Task 2 - Introduction to International Legal English, CUP 2008, p.21, Listening 2.4, Track 8

http://learnenglish.britishcouncil.org/en/professionals-podcasts/going-global


Task 3: text compiled and adapted from: http://www.theguardian.com/world/2013/dec/07/wto-global-trade-deal-condemned-poverty , http://www.theguardian.com/global-development/poverty-matters/2013/dec/06/wto-agreement-bali-helped-developing-countries-india Task 4: text adapted from: http://import-export-training.blogspot.cz/2013/04/why-do-russian-cis-company-prefer-to.html Task 5: text adapted from: http://www.unzco.com/basicguide/c12.html Task 6: text adapted from: http://www.wisegeek.com/what-is-international-contract-law.htm Task 7: text modified from: http://www.unilex.info/case.cfm?pid=1&do=case&id=1159&step=Abstract

Part 5: SPEAKING

Introduction (for a pair of students):

2 minutes as a whole, the examiner asks each student questions related to their study or work.

Sample questions:

Which subjects do you enjoy at the faculty of law? And why?

Do you have any experience working in the area of international trade?

Individual task (different for each student in a pair):

1 minute of preparation, 2 minutes speaking, 1 minute asking/answering questions (per 1 student)

Each student will give a 2-minute talk related to one of 9 topics of the subject. The examiner will set a question, you have 1 minute to prepare, you speak for two minutes and then your partner and/or the examiner will ask you questions.

This task partially tests your knowledge of the topics and related vocabulary, however, you are also assessed on how well you can organize information, express opinions and ideas and convey a clear message.

Sample Individual Task:

You are an exporter. Think about possible payment mechanisms. Name at least three of them and compare their advantages and disadvantages from your point of view.

Interactive task (for a pair of students)

1 minute of preparation, 3 minutes of speaking, 1 minute asking/answering questions

You and your partner will have a common task, but each will be given their own instructions (role-plays). Depending on the task, you discuss or negotiate an issue without the intervention of the examiner for three minutes. Then the examiner will ask both of you questions related to your conversation.

This task tests your ability to engage in a discussion or negotiation and to take turns (to initiate and respond appropriately). It can involve exchanging information, expressing and justifying opinions, agreeing and/or disagreeing, compromising, suggesting, comparing and contrasting, and decision-making.

Sample Interactive Task:





http://import-export-training.blogspot.cz/2013/04/why-do-russian-cis-company-prefer-to.html

http://www.unzco.com/basicguide/c12.html

http://www.wisegeek.com/what-is-international-contract-law.htm

http://www.unilex.info/case.cfm?pid=1&do=case&id=1159&step=Abstract


Student A: - Discuss the advantages of the fact that our country is a party to the Vienna Convention. - Prepare ideas and support them by examples or arguments. - Start the discussion, react to your partner’s ideas appropriately. Student B: - Discuss the advantages of the fact that our country is a party to the Vienna Convention. - Prepare ideas and support them by examples or arguments. - React to your partner’s ideas appropriately. If possible summarize your discussion at the end.

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