UNIVERSITY OF MONTENEGRO
LAW FACULTY
LEGAL ENGLISH LANGUAGE TEST - LEVEL 1
(Mid-term exam) /

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(Name) (Index No.)

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(Date) (Group) (Score)

I Read the text and do the exercise below

The Problem With Life Estate Deeds

Many individuals use life estate deeds in an effort to avoid probate and eliminate the need to hire an attorney to prepare a last will and testament, or a trust. Unfortunately, when someone uses a life estate deed, they lose control over the distribution of their property when things turn out differently than expected.

What Is a Life Estate Deed?

A life estate deed is a transfer of the ownership of the real property that is the subject of the deed to one or more persons (the "remainderman"), while retaining ownership of a life estate in the property by the person(s) transferring the property (the "life tenant"). A life estate is the right to occupy and use the property, or the benefits of the property, during one's life time.

Sounds Simple - What Can Go Wrong?

The problem with life estate deeds is that the person transferring ownership loses control of the property when the deed is signed, despite the retention of the life estate. After the life estate deed is signed and recorded, the life tenant is no longer able to transfer, sell or mortgage the property without the joinder of the remainderman.

On the basis of the text above say if these sentences true or false:

1. After the life estate deed is signed the life tenant can freely sell the property without informing the remainderman. F

2. A life estate is the right to use the property for a limited period of time of 20 years.F

3. By a life estate deed a person transfers ownership of the real property to one or more persons. T

4. Many people choose life estate to avoid probate and eliminate the need to hire an attorney to prepare their last will. T

5. The person transferring ownership keeps the control of the property when the deed is signed. F

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II Complete the tables

Verb / Noun / Noun / Adjective
assign / negligent
injure / liability
sue / reason
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III Fill in the gaps with the appropriate words from the list. You will not use all the words.

murder / liable / bribe / courts / murder
crime / intent / mensrea / judgment / null and void
conveyance / fine / accident / culprit / coincide

Coincidence of actusreus and ____mensrea______is the principle that both the mental and physical element of the ____crime______must be present in order for someone to be __liable______formurder. This is often called the contemporaneity rule and is often trickier than it seems.

In some cases it can be difficult to tell when ___intent______came into play and as a result it is difficult for the _court______to know if they coincided. The mensrea or actusreus don't have to start at the same time, for example I can have the intent to __murder______someone before I go out and do it, or I could push someone over by ___accident______and then after realising they are vulnerable/unconscious etc take a blow which kills them, but it must __coincide______at some point during the process.

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IV Fill in the gaps by using passive forms of the verbs offered in the box.

According to our client, his store ______(visit) by your family last week. On that occasion our window ______(damage) by your son after his toy ______(throw) at it. All other customers ______(scare) during the incident and our store ______(sue) for damages by many of them.

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V Match the terms from column A with their meaning or definition in column B

1. parole / a) / process of transferring property from one owner to another
2. sole proprietor / b) / the release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior.
3. conveyance / c) / the crime or tort of unconsented physical contact with another person, even where the contact is not violent but merely menacing or offensive
4. battery / d) / single owner of a business, self-employed

1. ______2. ______3. ______4. ______

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V Select and connect the words that collocate

1. render / a) liability
2. injured / b) offence
3. commit / c) decision
4. limited / d) party

1. ______2. ______3. ______4. ______

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VI Translate sentences from English

1. If the prosecutor fails to prove that the accused is guilty beyond a reasonable doubt, the jury renders a verdict 'not guilty'.

2. Real poperty can be divided into freehold estates and leaseholds.

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VI Translate sentences into English

1. Zastupnik ne smije da odstupaodsvojihcijenailiuslovaisporukeiplaćanjabezsaglasnostidavaocaovlašćenja.

2. Krivičnesankcijepostoje da bi društvobilobezbjednijei da bi se ljudisprečavali da počineodređenadjela.

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