LW304 LEGAL DRAFTING EXERCISE REVISION FOR EXAM:

FINAL Exam Paper 2022:

Here are the redrafted extracts and clauses based on the requirements of the exam:
PART A: REDRAFTING EXERCISES
1. Original: If the Vendor fails or is unable to perform any obligation what the Vendor
has agreed to carry out in accordance to paragraph 4 hereat, the Purchaser shall not
be obliged to complete the sale and purchase of the shares.
 Redrafted: If the Vendor fails to fulfill any obligation in paragraph 4, the
Purchaser is not obligated to complete the share sale.
2. Original: Dear Sir. Thank you for Your letter of 27 October, 2022. With regard to the
question of the share sale. Our clients advise us that there are a number or
outstanding issues to be resolved.
o Redrafted: Dear Sir, thank you for your letter dated 27 October 2022.
Regarding the share sale, our clients note several outstanding issues.
3. Original: The party to this agreement whose’s interests are compromised will be
illegible to compensation for loss of value of factory sight.
o Redrafted: The party whose interests are compromised will be eligible for
compensation for the factory site's loss of value.
4. Original: In the event that the purchasers’ payments are late by more than twenty-
eight days, he will be subject to a penalty of $3,500,000.
o Redrafted: If the Purchaser's payments are over twenty-eight days late, they
will incur a $3,500,000 penalty.

Exercise 1

Original: If the Buyer does not make the payment by the due date specified in this
agreement, the Seller has the right to terminate the contract without any further notice.
Redrafted: If the Buyer fails to pay by the due date, the Seller may terminate the
contract without notice.

Exercise 2

Original: We appreciate your prompt response to our inquiry regarding the terms of
the lease agreement, and we look forward to discussing this matter further with you.
Redrafted: We appreciate your quick response to our lease inquiry and look forward
to further discussion.

Exercise 3
Original: The individual who is responsible for overseeing the project must ensure
that all deadlines are met and that the quality of work is maintained throughout the
duration of the project.
Redrafted: The project supervisor must ensure all deadlines are met and quality is
maintained.

Exercise 4

Original: In the event that the client decides to withdraw from the agreement, they
must provide written notice to the service provider at least thirty days in advance.
Redrafted: If the client withdraws from the agreement, they must give the service
provider thirty days' written notice.

Exercise 5

Original: The committee has decided to postpone the meeting that was originally
scheduled for next week due to unforeseen circumstances that have arisen.
Redrafted: The committee has postponed next week's meeting due to unforeseen
circumstances.

Exercise 6

Original: It is essential for all employees to attend the training session scheduled for
next Friday in order to stay updated on the new policies and procedures.
Redrafted: All employees must attend next Friday's training session to stay updated
on new policies.

Exercise 7

Original: The report that was submitted by the team contains several
recommendations that could significantly improve the efficiency of our operations
moving forward.
Redrafted: The team's report includes several recommendations to improve
operational efficiency.

Exercise 8

Original: If the tenant fails to comply with the terms of the lease agreement, the
landlord reserves the right to initiate eviction proceedings after providing proper
notice.
Redrafted: If the tenant violates the lease terms, the landlord may initiate eviction
after proper notice.

Exercise 9

Original: The organization is committed to providing support and resources to

individuals who are facing challenges in their personal and professional lives.
Redrafted: The organization is committed to supporting individuals facing personal
and professional challenges.
Exercise 10

Original: After reviewing the proposal, the board has decided to approve the project
and allocate the necessary funds to ensure its successful implementation.
Redrafted: The board has approved the proposal and allocated funds for its
implementation.

Exercise 11

Original: The purpose of this meeting is to discuss the recent developments in the
project and to outline the next steps that need to be taken in order to ensure its
success.
Redrafted: This meeting aims to discuss recent project developments and outline the
next steps for success.

Exercise 12

Original: The company has implemented a new policy that requires all employees to
submit their timesheets by the end of each week to ensure accurate payroll processing.
Redrafted: The company requires all employees to submit timesheets by week's end
for accurate payroll processing.

Exercise 13

Original: In light of the recent changes in the market, it is important for the
organization to adapt its strategies to remain competitive and meet the needs of its
customers.
Redrafted: The organization must adapt its strategies to remain competitive and meet
customer needs due to recent market changes.

Exercise 14

Original: The team is currently working on developing a comprehensive marketing

plan that will effectively promote the new product and increase its visibility in the
market.
Redrafted: The team is developing a marketing plan to effectively promote the new
product and increase its market visibility.

Exercise 15

Original: If the employee does not adhere to the guidelines set forth in the employee
handbook, they may face disciplinary action, which could include termination of
employment.
Redrafted: If the employee violates the handbook guidelines, they may face
disciplinary action, including termination.

Exercise 16

Original: The research conducted by the scientists has provided valuable insights into
the effects of climate change on marine ecosystems and has highlighted the need for
immediate action.
Redrafted: The scientists' research offers valuable insights into climate change's
effects on marine ecosystems and highlights the need for immediate action.

Exercise 17

Original: The organization is planning to host a charity event next month to raise
funds for local families in need and to promote community engagement.
Redrafted: The organization plans to host a charity event next month to raise funds
for local families and promote community engagement.

Exercise 18

Original: It is crucial for the management team to regularly review the performance
metrics in order to identify areas for improvement and to ensure that the company is
on track to meet its goals.
Redrafted: The management team must regularly review performance metrics to
identify improvement areas and ensure the company meets its goals.

Exercise 19

Original: The new software system has been designed to streamline operations and
improve efficiency across all departments within the organization.
Redrafted: The new software system streamlines operations and improves efficiency
across all departments.

Exercise 20

Original: The committee has conducted a thorough analysis of the proposals

submitted by various vendors and has selected the one that best meets the
organization's needs and budget.
Redrafted: The committee analyzed vendor proposals and selected the one that best
meets the organization's needs and budget.

Exercise 21

Original: The primary objective of this initiative is to enhance the overall customer
experience by providing more personalized services and improving response times.
Redrafted: This initiative aims to enhance customer experience through personalized
services and improved response times.

Exercise 22

Original: The board of directors has decided to postpone the annual general meeting
until further notice due to unforeseen circumstances that have arisen.
Redrafted: The board has postponed the annual general meeting until further notice
due to unforeseen circumstances.

Exercise 23
Original: In order to maintain a safe working environment, it is essential for all
employees to follow the safety protocols that have been established by the
organization.
Redrafted: To maintain a safe working environment, all employees must follow the
organization's established safety protocols.

Exercise 24

Original: The recent survey conducted among employees revealed that there is a
strong desire for more flexible working arrangements and better work-life balance.
Redrafted: The recent employee survey revealed a strong desire for flexible working
arrangements and better work-life balance.

Exercise 25

Original: The marketing team is currently developing a new advertising campaign

that aims to increase brand awareness and attract new customers to the business.
Redrafted: The marketing team is developing a new advertising campaign to increase
brand awareness and attract new customers.

Exercise 26

Original: If the project is not completed by the deadline specified in the contract, the
contractor may face penalties as outlined in the agreement.
Redrafted: If the project is not completed by the contract deadline, the contractor
may face penalties as outlined in the agreement.

Exercise 27

Original: The organization has established a mentorship program designed to support

the professional development of employees and to foster a culture of continuous
learning.
Redrafted: The organization has established a mentorship program to support
employee development and foster continuous learning.

Exercise 28

Original: The recent changes in legislation require all businesses to comply with new
regulations regarding data protection and privacy to safeguard customer information.
Redrafted: Recent legislation requires all businesses to comply with new data
protection and privacy regulations to safeguard customer information.

Exercise 29

Original: The team has been working diligently to complete the project ahead of
schedule, and they are confident that they will meet the deadline set by the client.
Redrafted: The team is working diligently to complete the project ahead of schedule
and is confident they will meet the client's deadline.

Exercise 30
 Original: The organization is committed to promoting diversity and inclusion within
the workplace by implementing policies that support equal opportunities for all
employees.
Redrafted: The organization is committed to promoting workplace diversity and
inclusion by implementing equal opportunity policies.

PART B: CONTRACT DRAFTING

5. Original Clause: In the case of the failure of said Parties of the Second Part to make
either of the payments, or interest thereon or any part thereof or perform any of the
covenants on their part hereby made and entered into, then at the election of the
First Parties, the whole of said payments and interest provided for herein, shall
become immediately due and payable and this Contract shall at the option of said
First Parties be forfeited and terminated by giving to said Second Parties ninety days
notice in writing of the intention of the First Parties to cancel and terminate this
Contract, setting forth in said notice, the amount due on said Contract and the time
and place when and where payment can be made by said Second Parties.
o Redrafted: If the Parties of the Second Part fail to make any payments or
perform any obligations under this Contract, the Parties of the First Part may
declare all payments and interest immediately due. The First Parties can
terminate this Contract by providing the Second Parties with ninety days
written notice, specifying the amount due and the time and place for
payment.
6. Short, Clear Clauses: a. Payment Clause: The Buyer must pay the invoice within
thirty days of receiving it. If payment is more than thirty days overdue, the Seller
may charge interest of up to 1.5% per month on the overdue amount.
b. Termination Clause: Either party may terminate this contract by providing written notice
to the other party. The termination will take effect thirty days after the notice is sent.
c. Governing Law Clause: Both parties agree that any disputes regarding this Agreement will
be governed by the laws of Genovia and will be resolved in the courts of Genovia.
d. Force Majeure Clause: If an act of God occurs, the parties may temporarily suspend this
contract. The parties will resume their obligations within three months after the suspension.
e. Assignment Clause: Neither party may assign, sublease, or transfer this Agreement. Any
attempt to do so will be null and void and have no effect.
CRIMINAL CHARGE: 2022

Charge for Assault Causing Grievous Bodily Harm

IN THE MAGISTRATES COURT OF GENOVIA THE STATE

v.
STEVEN GREY

Charge No: [Insert Charge Number]

CHARGE: ASSAULT CAUSING GRIEVOUS BODILY HARM

PARTICULARS OF THE OFFENCE:
1. On or about the 27th day of August, 2022, at 52 Albert Avenue, Genovia, the
accused, Steven Grey, did unlawfully assault Grace Grey, his daughter, causing her
grievous bodily harm.
2. The accused did willfully and intentionally throw a wooden broom at Grace Grey,
which struck her on the face, resulting in a deep cut and a broken nose, thereby
causing actual bodily harm.
3. The actions of the accused were reckless and demonstrated a disregard for the
safety and well-being of Grace Grey.
CONTRAVENTION OF:
Section 132 of the Criminal Act of Genovia, which states:
“A person commits a summary offence if he or she commits an assault occasioning actual
bodily harm. Penalty – Imprisonment for 3 years.”
DATED: [Insert Date]
SIGNED: [Insert Name]
State Lawyer
[Insert Contact Information]

8. Letter of Advice for Steven Grey

[Your Law Firm’s Letterhead]
Sunshine Lawyers
6 Irvine Road
Genovia
[Date]
Steven Grey
[Your Address]
[City, State, Zip Code]
Dear Steven,
Re: Legal Advice Regarding Assault Charge
I hope this letter finds you well. I am writing to provide you with legal advice concerning the
charge of assault causing grievous bodily harm that has been brought against you.
Understanding the Charge
You are charged with assault causing grievous bodily harm under section 132 of the Criminal
Act of Genovia. This is a serious offence that carries a potential penalty of up to three years
of imprisonment. The charge arises from the incident involving your daughter, Grace, where
she sustained significant injuries.
Pleading Guilty
You have expressed a desire to plead guilty, which can be a strategic decision. A guilty plea
may demonstrate your acceptance of responsibility and remorse for your actions. However,
it is essential to consider the implications of this plea:
1. Potential Sentencing: If you plead guilty, the court will consider various factors,
including the nature of the offence, your character, and the impact of a conviction on
your life. Given the injuries sustained by Grace, the court may impose a custodial
sentence, but there is also the possibility of a more lenient outcome if mitigating
factors are presented effectively.
2. Mitigating Factors: Your remorse and the reconciliation with Grace may be viewed
favorably by the court. It is crucial to gather any evidence that supports your
character and the context of the incident, such as testimonials from family or
friends.
Next Steps
1. Gathering Evidence: Before your next court appearance, it is vital to collect all
relevant documents and disclosures from the State Lawyers Office. This information
will be crucial in preparing your defense.
2. Character References: Consider obtaining character references that highlight your
positive attributes and your role as a father. This can help the court understand your
character beyond the incident.
3. Court Appearance: Your next court appearance is scheduled for December 28, 2022.
It is important to be prepared and to present yourself in a manner that reflects your
remorse and willingness to take responsibility.
Conclusion
I understand that this is a challenging time for you and your family. Please know that I am
here to support you through this process. If you have any questions or need further
clarification on any aspect of your case, do not hesitate to reach out to me.
Sincerely,
[Your Name]
[Your Position]
Sunshine Lawyers
[Your Contact Information]
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Final Exam Paper 2020
Re-Drafted Extracts
1. Original: If my spouse, John Smith, survives me, I give, devise and bequeath to my
spouse all of the rest, residue and remainder of my property and estate, real,
personal and mixed, tangible and intangible, of whatever nature and wherever
situated, including all property I may acquire or become entitled to after the
execution of this Will, including all lapsed legacies and devices (but excluding every
property over which I may have power of appointment, it being my intention not to
exercise any such power), outright and free of trust, after payment of all my just
debts, expenses, taxes, and specific bequests, if any.
Re-Drafted: If my spouse, John Smith, is still alive when I pass away, I leave all my remaining
property and assets to him. This includes everything I own, whether it’s real estate, personal
belongings, or any other type of property, regardless of where it is located. It also includes
any property I may acquire after writing this Will, as well as any gifts that may not be
claimed. However, I do not intend to give away any property that I have the power to
appoint elsewhere. This transfer will happen after all my debts, expenses, taxes, and any
specific gifts have been paid.
2. Original: Any policy-holder who is insured hereunder and who is deemed to have
exacerbated the damage to the vehicle shall have the aggregate amount paid out
under this policy modified accordingly.
Re-Drafted: If you have an insurance policy with us and it is determined that you made the
damage to your vehicle worse, the total amount we pay you under this policy will be
adjusted accordingly.
3. Original: Prior to the attainment of the age of 21 years no member of this club may
procure alcohol for his own or any other member’s consumption. Any attempt to do
so will constitute a breach of club rules and the chairman will initiate the termination
of that person’s membership as a consequence.
Re-Drafted: No member of this club who is under 21 years old is allowed to buy alcohol for
themselves or for any other member. If someone tries to do this, it will be considered a
violation of club rules, and the chairman will start the process to terminate that member’s
membership.

Short Answer Questions

1. Identify at least eight standard clauses when drafting a Contract?
o Definitions Clause
o Payment Terms Clause
o Term and Termination Clause
o Confidentiality Clause
o Indemnity Clause
o Governing Law Clause
o Dispute Resolution Clause
o Force Majeure Clause
2. Identify the clause in a contract that provides that “the invalid, illegal, or
unenforceable part of the contract can be severed from the contract and that the
remainder of the agreement can continue in full force and effect”?
o Severability Clause
3. Identify a situation in which a contract may become void?
o A contract may become void if it involves illegal activities.

A contract may become void in several situations. One common scenario is when the contract
involves an illegal purpose or subject matter. For example:

Illegal Purpose: If two parties enter into a contract for the sale of illegal drugs, the contract is
void because it involves an illegal activity. Since the law does not recognize illegal
agreements, neither party can enforce the contract in a court of law.

Other situations that can render a contract void include:

1. Lack of Capacity: If one of the parties is a minor or mentally incapacitated at the

time of entering the contract, the contract may be void.
2. Mistake: If both parties are mistaken about a fundamental fact that is essential to the
agreement, the contract may be void. For instance, if both parties believe they are
contracting for a specific painting, but it turns out that the painting does not exist, the
contract is void.
3. Uncertainty: If the terms of the contract are vague or uncertain to the extent that the
parties cannot understand their obligations, the contract may be deemed void.
4. Lack of Consideration: A contract must involve consideration (something of value
exchanged between the parties). If there is no consideration, the contract may be void.
 5. Fraud or Misrepresentation: If one party was induced to enter the contract based on
fraudulent information or misrepresentation, the contract may be void.

In summary, a contract may become void due to illegal purposes, lack of capacity, mutual
mistake, uncertainty, lack of consideration, or fraud.

4. Identify two clauses that can be drafted into a Contract to address the possibility of
future litigation?
o Dispute Resolution Clause
o Governing Law Clause

To address the possibility of future litigation in a contract, the following two clauses can be
included:

1. Dispute Resolution Clause:

o This clause outlines the process that the parties will follow in the event of a
dispute. It can specify methods such as mediation or arbitration before
resorting to litigation. For example:
 "In the event of any dispute arising out of or relating to this Contract,
the parties agree to first attempt to resolve the dispute through
mediation. If the dispute is not resolved through mediation within [30]
days, the parties agree to submit the dispute to binding arbitration in
accordance with the rules of [Arbitration Association] in [Location]."
2. Governing Law Clause:
o This clause specifies which jurisdiction's laws will govern the contract and any
disputes that arise from it. This can help provide clarity and predictability in
the event of litigation. For example:
 "This Contract shall be governed by and construed in accordance with
the laws of the State of [State/Country]. Any legal action or proceeding
arising under this Contract shall be brought exclusively in the courts
located in [City/State], and the parties hereby consent to the
jurisdiction of such courts."

Including these clauses can help manage the potential for future litigation by providing clear
procedures for dispute resolution and establishing the legal framework governing the
contract.

5. Name the clause in a contract that discusses the “occurrence of an event or

circumstance that prevents a party from performing one or more of its contractual
obligations under the contract”?
o Force Majeure Clause
6. Identify two clauses that can be drafted into a contract to provide remedies to
either of the party to the contract when there is a breach?
o Liquidated Damages Clause
o Right to Cure Clause
(a) Draft of the Charge for Aggravated Assault
Charge: Aggravated Assault
To: Charles [Last Name]
Date: [Insert Date]
From: [Police Department Name]
Case Number: [Insert Case Number]
Charge: Aggravated Assault under Section 132 of the Criminal Act of Pacifica
Details of the Charge:
1. Accused: Charles [Last Name], aged [Insert Age], residing at [Insert Address].
2. Victim: William [Last Name], aged 29, residing at [Insert Address].
3. Date of Incident: 21 August 2020.
4. Location of Incident: [Insert Park Name], Pacifica.
Facts of the Case:
On the 21st day of August 2020, at [Insert Park Name], the accused, Charles [Last Name],
did unlawfully and intentionally assault the victim, William [Last Name], causing serious
physical injury. The circumstances of the assault are as follows:
5. The accused engaged in a physical confrontation with the victim after the
victim confronted him regarding his relationship with the victim's minor
sister, Kate.
6. During the confrontation, the accused pushed the victim to the ground and
proceeded to kick him multiple times in the stomach and back, resulting in
severe injuries, including bruising and a broken arm.
7. The victim was subsequently transported to St Luke’s Hospital, where he
underwent surgery for his injuries, incurring medical expenses totaling
4,500.00,inadditionto230.00 for prescribed medications.
8. The actions of the accused meet the criteria for aggravated assault as
outlined in Section 132 of the Criminal Act of Pacifica, specifically:
 The accused caused serious physical injury to the victim.
 The assault resulted in a fracture of the victim's arm.
Conclusion:
Based on the evidence and the victim's identification of the accused during the police
investigation, the charge of aggravated assault is hereby filed against Charles [Last Name]
under Section 132 of the Criminal Act of Pacifica.

(b) Letter of Advice to William

[Your Law Firm’s Letterhead]
[Your Name]
[Your Title]
[Your Law Firm’s Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
William [Last Name]
[Your Address]
[City, State, Zip Code]
Dear William,
Re: Legal Advice Regarding Potential Civil Assault Claim Against Charles [Last Name]
I hope this letter finds you well. I am writing to provide you with legal advice regarding your
inquiry about the possibility of suing Charles [Last Name] for civil assault following the
incident that occurred on 21 August 2020.
Based on the facts you have provided, it appears that you have a strong basis for a civil
assault claim against Charles. Civil assault is defined as an intentional act that causes
another person to fear imminent harmful or offensive contact. In your case, the physical
assault you suffered, which resulted in serious injuries, clearly demonstrates that Charles
acted intentionally and unlawfully.
Here are some key points to consider:
9. Intentional Act: Charles's actions of pushing you to the ground and kicking
you were intentional and aggressive, fulfilling the requirement for intent in a
civil assault claim.
10. Injury and Damages: You have sustained significant injuries, including a
broken arm and bruising, which required medical treatment and resulted in
financial costs. You can seek compensation for medical expenses, pain and
suffering, and any other related damages.
 11. Burden of Proof: In a civil case, the burden of proof is lower than in a criminal
case. You will need to establish that it is more likely than not that Charles
committed the assault.
12. Potential Outcomes: If successful, you may be awarded damages to cover
your medical expenses, lost wages (if applicable), and compensation for pain
and suffering.
13. Statute of Limitations: It is important to act promptly, as there are time limits
for filing a civil suit. I recommend that we initiate the process as soon as
possible to ensure your rights are protected.
In conclusion, I believe you have a viable claim for civil assault against Charles. I would be
happy to discuss this matter further and assist you in pursuing your claim. Please feel free to
contact me at your earliest convenience to schedule a consultation.
Best regards,
[Your Name]
[Your Title]
[Your Law Firm’s Name]
………………………………………………………………………………………………………………………………………………
Final Exam Paper: 2023

PART A: REDRAFTING EXERCISES

1. Original: This submission respectfully recommends the honourable Court give due
consideration to the aforementioned statute and the relevantly quoted session 12(b)
contained therein to give favourable judgment to our Client.
Redrafted: We respectfully request that the honorable Court consider the
mentioned statute and the relevant Section 12(b) when making a favorable
judgment for our Client.
2. Original: We are writing with regards to the letter sent by your lethal representative
on the date of 5 June 2023 and in reply to your allegation that we owe and are
indebted to you an amount of twenty thousand vatu we do refute totally and
absolutely.
Redrafted: We are writing in response to the letter from your legal representative
dated June 5, 2023. We completely and absolutely deny your claim that we owe you
twenty thousand vatu.
3. Original: Mediation as a method of settling and resolving disputes was at first
regarded by the Courts with much dislike, but today is being used increasingly as a
substitute for litigation for the adjudication of disputes.
Redrafted: Initially, the Courts viewed mediation as an undesirable method for
 resolving disputes. However, it is now increasingly used as an alternative to
litigation.
4. Original: Earning more than four million vatu for a period of twelve months or more
will result in the requirement for the business to be licensed and registered by the
enforcing authority being the customs and revenue department.
Redrafted: If a business earns more than four million vatu over a period of twelve
months or more, it must be licensed and registered with the Customs and Revenue
Department.
PART B: SHORT ANSWERS
5. What is plain language writing? Provide a short explanation and outline three
benefits of plain language writing in the legal profession.
Answer: Plain language writing is a style of communication that is clear,
straightforward, and easy to understand. It avoids complex vocabulary and
convoluted sentence structures.
Benefits:
o Improved Understanding: Clients can better comprehend legal documents
and advice, leading to informed decision-making.
o Increased Accessibility: Legal information becomes more accessible to
individuals without legal training, promoting fairness.
o Enhanced Communication: Clear communication reduces misunderstandings
and fosters better relationships between lawyers and clients.
6. Re-draft this contract clause to make it clearer:
Original: The first party being the owner and the second party being the builder
hereby agree that the requisite payments shall be made by means of three separate
instalments payable upon certain conditions being fulfilled. The first of the
aforementioned instalments shall be payable by the first party upon the laying of the
foundations of the structure, which it is agreed shall be completed and finalised by
the final day of the third month of this contractual arrangement. The second of the
aforementioned instalments shall be payable by the first party to the second party
upon the completion of the structure of the building in accordance with the plans
and specifications attached herein, which it is agreed shall be completed and
finalised by the final day on the sixth month of this contract. The third of the
aforementioned instalments shall be immediately payable by the first party to the
second party upon the full and complete finishing of all aspects of the building in
accordance with the plans and specifications attached herein. Each instalment
payable shall be an amount equal to one third of the total amount of this contract
being 24,000,000 vatu.
Redrafted: The Owner (First Party) and the Builder (Second Party) agree that
payments will be made in three separate installments, contingent upon specific
conditions being met:
 o The first installment, one-third of the total contract amount of 24,000,000
vatu, will be paid upon the completion of the foundation, which must be
finished by the end of the third month of this contract.
o The second installment will be paid upon the completion of the building
according to the attached plans and specifications, which must be finished by
the end of the sixth month of this contract.
o The third installment will be paid immediately upon the full completion of the
building in accordance with the attached plans and specifications.
7. What are ‘boilerplate clauses’ in a contract? In your answer, name two clauses that
would be considered boilerplate clauses.
Answer: Boilerplate clauses are standard provisions included in contracts that
address common issues and are often used in many agreements. They are typically
found at the end of a contract and cover various legal aspects.
Examples:
o Governing Law Clause: Specifies which jurisdiction's laws will govern the
contract.
o Severability Clause: States that if one part of the contract is found to be
unenforceable, the rest of the contract remains valid.
8. What is the purpose of an indemnification clause in a contract?
Answer: The purpose of an indemnification clause is to protect one party from
financial loss or liability resulting from the actions or negligence of another party. It
ensures that one party agrees to compensate the other for certain damages or
claims.
9. Why is it important to write using gender-neutral language? Provide two examples
of how you can write in a way that is gender neutral.
Answer: Writing in gender-neutral language is important to promote inclusivity and
avoid bias. It ensures that all individuals feel represented and respected, regardless
of gender.
Examples:
o Instead of "he" or "she," use "they" as a singular pronoun.
o Replace "chairman" with "chairperson" or simply "chair."
Submission to the Court Regarding the Charge of Assault Causing Grievous Bodily Harm
Case Reference: State v. Jennifer Tari
Date: [Insert Date]
Court: [Insert Court Name]
1. Introduction
This submission addresses the charge of assault causing grievous bodily harm against the
defendant, Jennifer Tari. The incident in question occurred on June 12, 2023, when Jennifer
physically assaulted Joseph Vari after witnessing him strike his dog. The assault resulted in
significant injury to Joseph, necessitating emergency medical intervention.
2. Facts of the Case
o On June 12, 2023, Jennifer confronted Joseph after observing him hitting his
dog with a stick.
o In a fit of anger, Jennifer struck Joseph on the legs with a stick, causing a
serious knee injury that required hospitalization and surgery.
o Joseph's recovery involved two weeks in the hospital and six months of
physiotherapy, significantly impacting his quality of life.
3. Legal Framework
The charge against Jennifer falls under Section 237 of the Crimes Act of Pacifica, which
addresses intentional assault. The relevant case law provides guidance on the appropriate
penalties for such offenses:
o State v. Smith [2018]: The penalty for assault occasioning temporary injury
ranges from an absolute or conditional discharge to three years
imprisonment. The extent of the injury is a critical factor in determining the
sentence. Given that Joseph required hospitalization, a custodial sentence is
warranted.
o State v. Jones [2021]: The Court emphasized that prior convictions for similar
offenses necessitate a higher starting point for sentencing. Jennifer has a
previous conviction for threatening language related to a dog incident,
indicating a pattern of behavior that demonstrates a disregard for the law.
4. Considerations for Sentencing
In light of the above precedents, the following factors should be considered in determining
an appropriate sentence for Jennifer:
o Severity of Injury: Joseph's injury was severe, requiring surgical intervention
and extensive rehabilitation. This aligns with the precedent set in State v.
Smith, where hospitalization due to assault necessitates a custodial sentence.
o Prior Convictions: Jennifer's previous conviction for a similar offense should
be taken into account, as outlined in State v. Jones. This history suggests a
pattern of aggressive behavior, warranting a more severe penalty to reflect
her status as a repeat offender.
o Impact on Victim: The psychological and physical impact on Joseph, including
fear and depression, further underscores the seriousness of the offense and
the need for a sentence that serves as a deterrent to similar conduct in the
future.
5. Conclusion
Given the circumstances of the case, including the severity of the injury inflicted on Joseph,
Jennifer's prior convictions, and the need for a sentence that reflects the seriousness of the
offense, it is submitted that a custodial sentence is appropriate. The Court is urged to
consider a sentence that not only addresses the harm caused but also serves as a deterrent
to future offenses.
Respectfully submitted,
[Your Name]
[Your Position]
[Your Contact Information]
[Date]

Feel free to modify any sections as needed or add specific details such as the date and court
name. If you need further assistance or additional information, let me know!

Sentencing Submissions for the Court

Case Reference: State v. Jennifer Tari
Date: [Insert Date]
Court: [Insert Court Name]
1. Introduction
These submissions are presented to the Court in advance of the sentencing hearing for
Jennifer Tari, who has been convicted of assault causing grievous bodily harm to Joseph
Vari. The facts of the case, the impact on the victim, and relevant legal precedents will be
discussed to advocate for an appropriate sentence that reflects the seriousness of the
offense.
2. Facts of the Case
On June 12, 2023, Jennifer assaulted Joseph after witnessing him strike his dog. The assault
resulted in significant injuries to Joseph, requiring two weeks of hospitalization and six
months of physiotherapy. Although Joseph has physically recovered, he continues to suffer
from psychological effects, including fear, depression, and anxiety, which have severely
impacted his quality of life. He has had to give away his dog, as he feels unable to care for it
properly, and he is undergoing counseling to cope with the emotional aftermath of the
attack.
3. Legal Framework
The charge against Jennifer falls under the provisions of the Crimes Act of Pacifica,
specifically regarding assault causing grievous bodily harm. The relevant legal framework for
sentencing is outlined in Section 5 of the Sentencing Act 1991, which mandates that the
Court consider various factors, including:
o Maximum Penalty: The maximum penalty for the offense is three years
imprisonment, as established in State v. Smith [2018].
o Nature and Gravity of the Offense: The assault was deliberate and resulted
in significant injury, necessitating hospitalization. The absence of
reconciliation between the parties further underscores the seriousness of the
offense.
o Culpability and Responsibility: Jennifer has shown a lack of remorse for her
actions, insisting that she was defending Joseph's dog. This refusal to
acknowledge wrongdoing indicates a troubling mindset and a lack of
accountability.
o Impact on the Victim: Joseph's ongoing psychological distress, fear, and
depression are direct consequences of Jennifer's actions. The Court must
consider the profound impact this assault has had on his life.
o Previous Character: Jennifer has a prior conviction for threatening language,
which demonstrates a pattern of aggressive behavior. As noted in State v.
Jones [2021], this prior conviction necessitates a higher starting point for
sentencing, as it reflects a disregard for the law and a tendency towards
violent conduct.
4. Aggravating Factors
Several aggravating factors should be considered in determining an appropriate sentence
for Jennifer:
o Prior Conviction: Jennifer's previous conviction for threatening language
indicates a history of aggressive behavior, warranting a more severe penalty.
 o Lack of Remorse: Her refusal to accept responsibility for her actions and her
insistence that she was justified in her conduct demonstrate a concerning
attitude towards the law and the well-being of others.
o Severity of Injury: The significant physical and emotional injuries suffered by
Joseph, including the need for extensive medical treatment and ongoing
psychological support, highlight the gravity of the offense.
5. Mitigating Factors
While Jennifer is employed full-time as a veterinarian, which reflects a degree of stability,
this does not outweigh the seriousness of her actions or the impact on the victim. Her lack
of family responsibilities, such as being unmarried and childless, does not provide
substantial grounds for leniency in sentencing.
6. Conclusion
In light of the facts of the case, the impact on the victim, and the relevant legal precedents,
it is submitted that a custodial sentence is warranted. The Court is urged to impose a
sentence that reflects the seriousness of the offense, serves as a deterrent to Jennifer and
others, and acknowledges the significant harm caused to Joseph. A sentence of at least 18
months imprisonment is appropriate, considering the nature of the assault, the prior
conviction, and the ongoing impact on the victim.
Respectfully submitted,
[Your Name]
[Your Position]
[Your Contact Information]
[Date]

Feel free to adjust any sections or add specific details as necessary. If you need further
assistance or additional information, let me know!
………………………………………………………………………………………………………………………………………………
FINAL EXAM PAPER 2024
1. Drafting the Charge for Assault Against Andrew
Charge: Intentional Assault
Court: Pacifica High Court
Case Number: [To be assigned]
Prosecutor: [Prosecutor's Name]
Defendant: Andrew Johns
Date of Incident: 10 October 2024
Charge Details:
The Prosecutor charges Andrew Johns with the offence of Intentional Assault under Section
237 of the Crimes Act of Pacifica.
Particulars of the Offence:
1. On or about 10 October 2024, in Orchid City, Pacifica, Andrew Johns did
intentionally assault Michael Bule by:
 Punching Michael Bule in the face, causing him to stumble and fall to
the ground.
 Subsequently kicking Michael Bule in the stomach while he was on the
ground.
2. As a result of the assault, Michael Bule sustained physical injuries, including:
 A broken nose requiring medical treatment.
 Bruises on his stomach, which were temporary in nature.
Penalty:
The maximum penalty for this offence, as per Section 237 of the Crimes Act, is
imprisonment for 5 years, given that physical damage of a temporary nature was caused.

2. Sentencing Submissions for the Court

To: The Honorable Judge of the Pacifica High Court
From: [Defence Lawyer's Name], Defence Counsel for Andrew Johns
Date: [Insert Date]
Re: Sentencing Submissions for Andrew Johns
Introduction:
Your Honor, I represent Andrew Johns, who has pleaded guilty to the charge of intentional
assault against Michael Bule. We acknowledge the seriousness of the offence and the
impact it has had on the victim. However, I respectfully submit that several mitigating
factors should be considered in determining an appropriate sentence.
1. Acceptance of Responsibility:
Andrew has demonstrated genuine remorse for his actions. He immediately called an
ambulance for Michael after the incident and turned himself in to the police. His actions
indicate a recognition of the wrongfulness of his conduct and a willingness to take
responsibility.
2. Customary Reconciliation:
Andrew has participated in a custom reconciliation ceremony with Michael and his family,
which included an apology and the provision of compensation in the form of 50,000 vatu,
traditional food items, and a pig. This ceremony was accepted by Michael's family, and
Michael has expressed forgiveness towards Andrew. According to Section 12 of the
Sentencing Act 1991, this reconciliation should be taken into account and may warrant a
reduction in the sentence.
3. Lack of Prior Criminal Record:
Andrew is an 18-year-old man with no prior criminal offences. He has been a model citizen,
obedient and helpful at home, and has never exhibited violent behavior in the community.
This lack of a criminal history suggests that this incident is an isolated occurrence rather
than a pattern of behavior.
4. Personal Circumstances and Remedial Actions:
Andrew has been actively seeking help for his anxiety and anger management issues. He is
currently enrolled in an anger management course and is receiving counseling. These steps
demonstrate his commitment to personal growth and ensuring that he does not engage in
violent behavior in the future.
5. Impact on the Victim:
While it is acknowledged that Michael has suffered physical injuries and emotional distress,
it is important to note that he has recovered physically and has expressed forgiveness. The
impact of the offence on the victim, while significant, should be weighed against Andrew's
efforts to make amends and his genuine remorse.
Conclusion:
In light of the above mitigating factors, I respectfully request that the Court consider a non-
custodial sentence or a sentence that does not involve a conviction being recorded against
Andrew. Such a sentence would allow him to continue his studies and pursue his dream of
becoming a lawyer without the burden of a criminal record, which could severely impact his
future career.
Thank you for your consideration.
[Defence Lawyer's Name]
Defence Counsel for Andrew Johns
[Contact Information]
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
Shorten Sentence Practice:
Example 1
Original Sentence:
Andrew has been actively seeking help for his anxiety and anger management issues.
Shortened Version:
Andrew is seeking help for his anxiety and anger.
Example 2
Original Sentence:
The impact of the offence on the victim, while significant, should be weighed against
Andrew's efforts to make amends and his genuine remorse.
Shortened Version:
The victim's impact should be weighed against Andrew's remorse and efforts to make
amends.
Example 3
Original Sentence:
In light of the above mitigating factors, I respectfully request that the Court consider a non-
custodial sentence or a sentence that does not involve a conviction being recorded against
Andrew.
Shortened Version:
Given these factors, I request a non-custodial sentence for Andrew.
Example 4
Original Sentence:
Andrew has demonstrated genuine remorse for his actions and has taken steps to ensure
that he does not engage in violent behavior in the future.
Shortened Version:
Andrew shows remorse and is taking steps to avoid future violence.
Example 5
Original Sentence:
This lack of a criminal history suggests that this incident is an isolated occurrence rather
than a pattern of behavior.
Shortened Version:
His clean record suggests this incident is isolated.
Tips for Shortening Sentences:
1. Remove Unnecessary Words: Eliminate filler words that do not add meaning.
 2. Use Active Voice: Active voice often requires fewer words than passive voice.
3. Combine Ideas: If two sentences convey related ideas, consider combining them.
4. Use Abbreviations or Acronyms: If appropriate, use abbreviations for longer
phrases.
5. Focus on Key Points: Identify the main idea and express it concisely.
By practicing these techniques, you can effectively shorten sentences while retaining their
essential meaning.

Example Sentences and Shortening Techniques

Example 1
Original Sentence:
The committee decided to postpone the meeting until next week due to scheduling
conflicts.
Shortened Version:
The committee postponed the meeting to next week due to conflicts.
Technique:
o Remove unnecessary words like "decided to" and "until."

Example 2
Original Sentence:
The new policy will take effect starting from the first day of next month.
Shortened Version:
The new policy takes effect on the first day of next month.
Technique:
o Change "will take effect starting from" to "takes effect on."

Example 3
Original Sentence:
In order to improve his grades, he studied diligently every night for several hours.
Shortened Version:
To improve his grades, he studied diligently every night.
Technique:
 o Replace "In order to" with "To."

Example 4
Original Sentence:
The results of the experiment were not what the researchers had anticipated or expected.
Shortened Version:
The experiment's results were not what the researchers expected.
Technique:
o Remove "anticipated or" since "expected" covers both meanings.

Example 5
Original Sentence:
She has a tendency to procrastinate when it comes to completing her assignments on time.
Shortened Version:
She tends to procrastinate on her assignments.
Technique:
o Use "tends to" instead of "has a tendency to" and simplify the phrase.

Tips for Shortening Sentences:

o Identify Key Ideas: Focus on the main point and eliminate extra details.
o Use Strong Verbs: Replace phrases with single strong verbs (e.g., "make a
decision" can become "decide").
o Avoid Redundancies: Remove words that repeat the same idea (e.g., "each
and every" can just be "each").
o Use Contractions: Where appropriate, use contractions to save space (e.g.,
"do not" can become "don't").
o Eliminate Filler Words: Words like "very," "really," and "just" can often be
removed without losing meaning.
By practicing these techniques, you can effectively shorten sentences while keeping their
essential meaning intact.

Exercise 1: Identify and Shorten

Instructions: Read the following sentences and rewrite them in a shorter form.
1. Original Sentence:
The teacher gave the students a lot of homework that they needed to
complete by the end of the week.
Shortened Version:
The teacher assigned the students homework due by the end of the week.
2. Original Sentence:
The committee members discussed the proposal for several hours before
they finally reached a decision.
Shortened Version:
The committee discussed the proposal for hours before deciding.

Exercise 2: SVO Structure

Instructions: Rewrite the following sentences to emphasize the SVO structure and shorten
them.
3. Original Sentence:
The manager of the store announced that there would be a sale on all items
starting next week.
Shortened Version:
The manager announced a sale on all items starting next week.
4. Original Sentence:
The children in the park were playing games and having fun while their
parents watched them.
Shortened Version:
The children played games in the park while their parents watched.

Exercise 3: Combine and Shorten

Instructions: Combine the following pairs of sentences into one shorter sentence.
5. Original Sentences:
The cat sat on the windowsill. It was watching the birds outside.
Shortened Version:
The cat sat on the windowsill, watching the birds outside.
6. Original Sentences:
She loves to read books. She often visits the library to find new ones.
Shortened Version:
She loves reading and often visits the library for new books.

Exercise 4: Remove Redundancies

Instructions: Rewrite the following sentences by removing redundant phrases.
7. Original Sentence:
The reason why he was late was because of heavy traffic on the road.
Shortened Version:
He was late due to heavy traffic.
8. Original Sentence:
In my personal opinion, I think that the movie was very interesting.
Shortened Version:
I think the movie was interesting.

Exercise 5: Practice with SVO

Instructions: Create your own sentences using the SVO structure and then shorten them.
9. Example Sentence:
The dog barked loudly at the mailman who was walking by the house.
Shortened Version:
The dog barked at the mailman walking by.
10. Your Turn:
Write a long sentence and then shorten it.

Tips for Shortening Sentences:

11. Focus on the Main Idea: Identify the core message and eliminate
unnecessary details.
12. Use Active Voice: Active voice often requires fewer words than passive voice.
13. Combine Ideas: If two sentences convey related ideas, consider merging
them.
14. Be Concise: Use fewer words to express the same idea without losing
meaning.
By practicing these exercises, you can improve your ability to shorten sentences while
maintaining clarity and meaning.
Exercise 6: Shorten and Simplify
Instructions: Read the following sentences and rewrite them in a shorter, simpler form.
1. Original Sentence:
The scientist conducted a series of experiments in order to determine the
effects of the new drug on patients.
Shortened Version:
The scientist conducted experiments to determine the drug's effects on patients.
2. Original Sentence:
The students were required to submit their assignments by the end of the
day in order to receive full credit.
Shortened Version:
Students must submit assignments by the end of the day for full credit.

Exercise 7: Identify Key Components

Instructions: Identify the subject, verb, and object in the following sentences, then rewrite
them to be shorter.
3. Original Sentence:
The chef prepared a delicious meal for the guests who were attending the
dinner party.
Shortened Version:
The chef prepared a delicious meal for the guests.
SVO Breakdown:
 Subject: The chef
 Verb: prepared
 Object: a delicious meal
4. Original Sentence:
The children in the playground were playing games and laughing joyfully
while their parents watched from a distance.
Shortened Version:
The children played and laughed in the playground while their parents watched.
SVO Breakdown:
 Subject: The children
 Verb: played and laughed
 Object: (implied: games)
Exercise 8: Combine and Condense
Instructions: Combine the following pairs of sentences into one shorter sentence.
5. Original Sentences:
The athlete trained hard every day. She wanted to win the championship.
Shortened Version:
The athlete trained hard daily to win the championship.
6. Original Sentences:
The book was very interesting. I couldn't put it down.
Shortened Version:
The interesting book was unputdownable.

Exercise 9: Remove Unnecessary Words

Instructions: Rewrite the following sentences by removing unnecessary words.
7. Original Sentence:
The fact that he was late to the meeting was due to unforeseen
circumstances.
Shortened Version:
He was late to the meeting due to unforeseen circumstances.
8. Original Sentence:
She made the decision to go to the store in order to buy some groceries.
Shortened Version:
She decided to go to the store to buy groceries.

Exercise 10: Practice with SVO and Shortening

Instructions: Create your own sentences using the SVO structure, then shorten them.
9. Example Sentence:
The teacher explained the complex topic to the students who seemed
confused.
Shortened Version:
The teacher explained the complex topic to the confused students.
10. Your Turn:
Write a long sentence and then shorten it.
Exercise 11: Rewrite for Clarity
Instructions: Rewrite the following sentences to make them clearer and more concise.
11. Original Sentence:
The reason that the project was delayed was because of a lack of funding.
Shortened Version:
The project was delayed due to a lack of funding.
12. Original Sentence:
The meeting that was scheduled for tomorrow has been canceled because of
a scheduling conflict.
Shortened Version:
Tomorrow's meeting was canceled due to a scheduling conflict.

Tips for Shortening Sentences:

13. Use Synonyms: Replace longer phrases with shorter synonyms (e.g., "utilize"
can become "use").
14. Avoid Excessive Modifiers: Limit the use of adjectives and adverbs that do
not add significant meaning.
15. Focus on Action: Highlight the action in the sentence to make it more direct
and concise.
By practicing these exercises, you can further enhance your skills in shortening sentences
while keeping their essential meaning intact.