Problem–solving:

A list of consumer problems follows. What federal agency could help with each of the problems? Could a local or state agency be helpful with any of the problems? If so, which agency?

a. Your parents are considering buying an exercise bicycle and are concerned that it might be dangerous to your younger brother.

b. You buy an airline ticket to visit a college campus for an inter­view. When you arrive at the airport, you find that the plane is already full. You miss your interview.

c. A friend has lost an arm in a serious accident. Her doctor is planning surgery that will involve use of a new type of artificial limb. You want to learn more about the safety of this product.

d. A vocational school in your community runs an advertisement that promises job placement for every graduate. You are suspicious about this claim.

Match the words on the left with the correct definition on the right:

Legislation	make a systematic examination or study.
Investigate	settlement of a dispute by the decision of a person or persons chosen and accepted as judges.
Promote	laws enacted by lawmaking body.
Lobby	better Business Bureau.
Arbitration	help to organize.
BBB	group of persons joined together for some common purpose.
Association	influence or persuade legislators to take action to introduce a bill or vote a certain way.

Unit 8.

Taking Your Case to Court

Read and translate the text.

Suppose you can’t settle your complaint and a consumer agency has been unable to help. Sometimes your complaint may form the basis for a criminal action against the seller. Furthermore, whether or not a crime is involved, you may wish to take your case to civil court. Anyone can go to court. Minors can sue through their parents or guardians.

Criminal Court. In some cases, a seller’s action may be a crime. Such acts can be prosecuted as criminal fraud. Criminal fraud oc­curs when a salesperson knowingly misstates or misrepresents some important fact, with the intent to defraud you, resulting in harm.

For example, assume you contract with a builder to construct a deck on your home. You pay the builder several thousand dollars to purchase the necessary materials. However, the builder doesn’t in­tend to build the deck. He simply uses the scheme to take your money. In such a case, you’re the victim of a crime. You should contact the police or your local prosecutor. Cases like this can be prosecuted by the government in criminal court. State laws not only provide a fine or jail term (or both) for a convicted defendant but may also re­quire that the defendant pay back the defrauded consumer.

Civil Court. If a civil dispute involves a large amount of money, the case will be brought in the local civil trial court. Taking a case to court can be costly and time–consuming. In some places, though, free or low–cost legal services may be available to consumers who cannot afford an attorney.

In civil court, you can ask for a number of different remedies. First, you can sue for damages, money that a court orders paid to a person who has suffered a loss or an injury. For example, if you are injured by a defective power drill, you can ask for money for a new drill, medical expenses, time lost from your job, and other related costs.

A second remedy is rescission and restitution. When you ask the court for this remedy, you ask it to cancel the contract (rescission) and order the person you are suing to give back any money you have already paid (restitution). This releases you from any further performance under the contract, but you will have to return any ben­efit already received under the contract. Assume, for example, that you sign a contract to purchase a set of pots and pans and that a pan melts the first time it is exposed to a direct flame. In such a case, you might seek rescission and restitution. You would get your money back and would have no further obligations under the contract. However, you would have to return the pots and pans.

The third civil remedy is specific performance. Here, you ask the court to order the seller to carry out the specific terms of the agreement. For example, if you ordered goods that were never deliv­ered, the court could order the company to deliver the goods. Howev­er, you would still have to pay for them.

A suit for damages or specific performance is designed to place you in approximately the position you would have been in if the contract had been successfully completed. A suit for rescission and restitution is designed to return both the buyer and the seller to the positions they were in before the contract began.

Find the equivalents of the following words and expressions in the text.

Мошенничество, преднамеренно неверно представлять, использовать схему с целью получить ваши деньги, срок тюремного заключения, дорогостоящий и отнимающий много времени, бесплатные или недорогие юридические услуги, возбуждать дело за причиненный ущерб, расторжение контракта, по контракту, исполнение договора в натуре.

Answer the questions:

1. What do you do if you can’t settle your complaint and a consumer agency has been unable to help?

2. When do you take your case to civil court?

3. How can minors sue?

4. What is criminal fraud? Give your own examples.

5. When are cases brought in the local civil trial court? Is it expensive?

6. What remedies can you ask for in civil court? Characterize each of them.

7. What is a suit for damages or specific performance designed for?