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LISTENING Discussing a case

15. Listen to the conversation between two lawyers and answer the questions. (CD Track 1)
1.
2.
3.
4.
5.
6.

Why does the first lawyer ask for help?


What kind of case do they talk about?
Who are the parties mentioned in the conversation?
What is the dispute about?
What steps have already been taken in the case?
What does the second lawyer need to do?

16. Match the idioms to their meanings.


Idioms

Meanings

above board

concealing all the evidence, so that none can find out what has been done.

blow the whistle on

the person has to decide what to do now.

smoking gun

if a situation or business is described with this phrase, it is open, honest and


legal.

toe the line

a piece of evidence or the indisputable sign of someones guilt.

cover your tracks

when you report an illegal or socially-harmful activity to the authorities, and


give information about those responsible for it.

the ball is in somebodys


court

obeying the rules and accepting the principles laid down by a person,
group or organization.

17. Complete the sentences with the idioms from the previous exercise.
1. We do not have too much time.
a week now.
2. There are no secret negotiations. Our dealings have always
.
3. He has done everything to
, but it took only three weeks for the police to collect enough evidence for his arrest.
4. He refused to
his boss for fear of losing his job.
5. The fingerprints left on the door-handle were the
that enabled the police to
arrest him.
6. If you want to stay in this school, youll have to learn to
.

18. Explain in your own words what these idioms mean:


1.
2.
3.
4.
5.
6.
7.
8.
9.

have a quick word with somebody


fill somebody in on something
at the end of the day
Herculean task
put it in a nutshell
when hell freezes over
home team advantage
a safe bet
strike the iron while its hot
Law of Contract, Property and Persons (c) Horvth Judit, dr. Szeidl gnes, 2015.

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TAPESCRIPTS
Introduction
Lawyer 1: Hi, John! Can I have a quick word with you?
Lawyer 2: Hi, sure. What can I do for you?
Lawyer 1: As you know, Im going on holiday next week.
Lawyer 2: Yeah. Im jealous!
Lawyer 1: You should be! But I havent been on holiday
for three years, so its high time. Listen, there is a case I
would like you to take care of while Im away.
Lawyer 2: No problem. Which case is it?
Lawyer 1: Its the Smith case. Have you heard of it?
Lawyer 2: Is it the one with the breach of contract?
Lawyer 1: Exactly! Let me fill you in on it. So, our client,
Mr Smith is the owner of a construction company. Last
year he finished a hotel in downtown Debrecen. We
drafted his contractors agreement with the principal,
Puszta Hotels.
Lawyer 2: Yeah, I heard about this contract. It was a big
deal last year when you were working on it. At the end
of the day, you had something like 50 pages.
Lawyer 1: Dont mention it. It was a real Herculean
task, but we managed it. To put it in the nutshell, the
contract was signed, and Mr Smith started to build
the hotel and finished everything on time. But the
principal, Puszta Hotels is not willing to pay him.
Lawyer 2: They havent paid him anything?
Lawyer 1: Well, only a part of the total amount. It was
stipulated in the contract that they were supposed
to pay in three parts. The first two installments were
actually used to buy materials and hire the builders,
so the real fee was the third part. This is the amount
Puszta Hotels has not paid at all up until now.
Lawyer 2: What actions have been taken to get them
pay?
Lawyer 1: We sent reminders first. No reaction, so we
sued them in January. Puszta Hotels refused to pay
a penny, they said, and I quote Well pay when hell
freezes over. And whats more, we had a decision
delivered by the first instance in favor of Puszta Hotels.
Lawyer 2: Why am I not surprised?
Lawyer 1: Yeah, I also felt that they had some home team
advantage. So, we appealed, and the case is with the
second instance court, now. Puszta Hotels seems to be
more open to a compromise. They dont think that the
decision of this case is a foregone conclusion anymore.
But, naturally, they are taking their time and are using
all kinds of delay tactics.
Lawyer 2: Such as?
Lawyer 1: They approved a part of the claim, but not
the total amount. They are constantly trying to come
up with new evidence and witnesses to prove that

Mr Smith was not performing the work with due


diligence, such that there are defects and errors in
the building.
Lawyer 2: Aha, but they are running out of time and
tricks, I suppose.
Lawyer 1: Hopefully. But still, we should strike the iron
while its hot. So, next week there is a new hearing,
where we would like to summon a new expert
witness who can testify that the quality of the work
carried out by our client is appropriate and there is
no basis whatsoever to hold back payment of the full
third installment. I have drafted and submitted the
motion to the court about the new witness and his
experts opinion to be admitted as evidence to the
case. I would appreciate if you could provide them
with any further information they might require.
Lawyer 2: Certainly.
Lawyer 1: Heres the file with the contract, the motions
and all other court documents.
Lawyer 2: Thanks. I will have a look at it in the afternoon.
Lawyer 1: I really cant tell you how grateful I am for this.

Unit 1
Lawyer: Good morning Mr Amos, I havent seen you for a
while, please take a seat.
Client: Good morning Ms Thr. Thank you.
Lawyer: What can I do for you?
Client: Well, Mr Thr, as our family lawyer you know that
my brother, Thomas, is under my full guardianship due
to his past drinking problems and drug abuse. He was
committed to hospital half a year ago because of his
addiction.
Lawyer: Yes, I remember. As a result of his medical
condition, he completely lacked legal capacity and we
had to turn to the court to exclude his legal capacity,
especially his right of disposition with regards to his
personal and real properties. How is he doing now?
Client: Fortunately, things have turned out for the
better. He finally made up his mind and went to a
rehabilitation facility 6 months ago, it seems that he
has kicked his habit and hes been clean for the past 4
months.
Lawyer: Oh, Im quite glad to hear such good news. I
am fully aware just how much pressure was on your
mother for years.
Client: Yes, she is quite relieved now. She really needed
some help in dealing with him. She still has a lot to do,
she visits him as many times as she can. And so do we
other members of the family, too.

Law of Contract, Property and Persons (c) Horvth Judit, dr. Szeidl gnes, 2015.

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