Problem–solving:

Each of the following consumers has a problem. If the consumer has to go to court in each matter, what is the best remedy? Why? Could any of these situations result in a criminal prosecution? Why?

a. Jeanine takes a floor–length dress that originally belonged to her mother to the dry cleaner. When she picks it up, she finds several holes in it. The store claims the holes were there when the garment was brought in. Jeanine is certain that they are the result of the cleaning.

b. The Gonzales family hires the Weedout Chemical Company to spray their lawn twice a month during May, June, July, and Au­gust. Weedout sends a monthly bill. By June 10, Weedout has not yet sprayed, although it sent a bill in May, which the Gon­zales family paid. Weedout is behind schedule with its spraying because there is a great demand for its product, a successful new formula not yet available from other local companies.

c. Sergio, a college student, has a summer job selling books door to door. He is paid a commission on every book sold. To make extra money, he uses phony order forms. The top page is a re­ceipt for the sale of one book. The copy beneath, which has its signature line in exactly the same place as the top copy, in–eludes an agreement to purchase another book every month for two additional months.

In June, Mr. and Mrs. Joiner pay $12 for a book. The next month, Sergio returns with another $12 book and asks for pay­ment. The Joiners say they never agreed to buy the second book. Sergio shows them the receipt with their signature. The Joiners have not kept their copy of the receipt. Reluctantly, they pay for the second book. Later, they discover that several neighbors are in the same situation.

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

Sue for damage	a person who starts legal proceedings.
Fraud	long.
Prosecutor	cancellation of the contract.
Costly	make a legal claim for loss or injury.
Rescission	criminal deception.
Restitution	a fixed period in public prison.
Attorney	ask the court to order the seller to carry out the specific terms of the agreement.
Benefit	a person with legal authority to act for another in law.
Jail term	order the person you are suing to give back any money you have already paid.
Time–consuming	expensive.
Specific performance	profit.

Unit 9.

Small Claims Court

Read and translate the text.

Is there a small claims court in your community? If so, where is it located? What is the filing fee? What is the largest amount of money that can be award­ed? Are lawyers permitted in this court?

Small Claims Court. In the early 20 century, court reformers rec­ognized that the typical civil court was too slow, expensive, and com­plicated for many minor cases. These reformers proposed a “People’s Court” designed to give citizens their day in court for small claims.

Today, every state has a small claims court, where you can sue for small amounts of money. The maximum award varies depending on the state. Filing a suit in small claims court is very inexpensive. Attorneys are not required (in some states they are not allowed), and there are few time–consuming delays. Filing a suit in small claims court involves three general steps.

First, call or go to the local courthouse to discuss your case with the court clerk. The clerk will be able to determine if the court can handle your claim. If so, you’ll be required to fill out some forms and pay a small filing fee (from $2 to $15). To fill out the forms, known as a complaint or statement of claim, you’ll be asked for the name and address of the party you are suing, the reason for your complaint, and the amount you are asking for. The amount you ask for should be based on the loss you incurred.

Second, prepare for your case in advance. In most states, the court will notify the defendant of the date and place of the hearing. In the meantime, you should gather all the evidence necessary to present your case. This includes receipts, letters, canceled checks, sales slips and estimates of repair. If a defective product is involved, be sure to bring it along, if possible. Contact all witnesses to be sure they come to court. Uncooperative witnesses can be subpoenaed. This means they can be ordered to appear in court. If you have time, visit the court before your hearing so you’ll know what to expect. Also, practice presenting your case to a friend beforehand.

Third, be on time for court on the date scheduled for the hearing. If for any reason you can’t make it, call the court clerk to ask for a postponement called a continuance. Once your hearing begins, the judge will ask you to tell your story. Do this by presenting your facts, witnesses, and any evidence you may have. Don’t get emotional. Be prepared for questions from the judge. After both sides have present­ed their stories, the judge will make a decision.

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

Суд мелких тяжб, стоимость подачи заявки, задержка, служащий суда, разбирать судебное дело, заполнить анкеты, нести потери, подготовиться заранее, слушание дела, свидетели не желающие сотрудничать, откладывание слушания, вынести решение.

Answer the questions:

1. What are small claims courts?

2. What do you know about their history?

3. Why was it necessary to open them?

4. What cases do they handle?

5. Are there such courts in Russia?

6. Is filing a suit in small claims court expensive?

7. Are attorneys in small claims courts required?.

8. What are three general steps for filing a suit in small claims court?

9. How can you prepare for your case in advance?

10. What does all the evidence necessary include?

11. What can happen to uncooperative witnesses?

12. What should you do if for any reason you can’t be on time for court on the date scheduled for the hearing?