Focus on Grammar

7. Translate from Russian into English using the Complex Object.

1. Он заявил, что он невиновен.

2. Он объявил, что судебное заседание откладывается.

3. Вы верите, что он сможет выиграть этот сложный процесс?

4. Никто не предполагал, что контрабанду можно провезти таким образом.

5. Он не желал, чтобы этот вопрос обсуждали без его адвоката.

6. Они хотели (имели в виду), чтобы ты поступил на юридический факультет?

7. Он не хотел, чтобы письмо напечатали в газете.

8. Мы не допустим, чтобы ты оскорблял ее.

9. Не заставляйте меня лгать.

10. Он сказал, чтобы они тщательно проверили документы.

8. Translate from Russian into English using the Complex Subject.

1. Видели, как корабль покидал порт.

2. За ним внимательно следили, когда он гулял по городу.

3. Известно, что ему не удалось доказать свою точку зрения.

4. Полагают, что с ним трудно вести дела.

5. Говорят, что он учится на юриста.

6. Его заставили сказать правду.

7. Нам разрешили присутствовать на допросе.

8. Пожар, наверняка, вызовет панику.

9. Вряд ли он знает об этом грузе.

10. Похоже, он удовлетворен результатами работы присяжных заседателей.

9. Answer the questions to review Unit 5:

1. What are the main legal rights and responsibilities of the Federal Customs Service?

2. What procedures are carried out by the Russian Customs towards the motor vehicles?

3. Can the motor vehicles be detained and where?

4. Can the motor vehicles be detained beyond the Customs zone?

5. What is the official name of the Indian Customs and what does it deal with?

6. What steps did the Indian Customs make as a member of the WCO?

7. What are the Preventive Officers of the Indian Customs and what are their functions?

8. What are the rights of the Indian Customs officers towards the imported goods?

9. What procedure must a lawbreaker follow by the Indian law to be imprisoned?

10. What is the CESTAT and how does it work?

Additional Reading Text 1

1. Read the text and choose the best answer to each question.

Class Action Lawsuits

Under the law, a class action is collectively bringing a claim on behalf of large groups of consumers. This procedural device is used in litigation for determining the rights of and remedies for large numbers of people whose cases involve common ques­tions of law and fact.

This form of collective lawsuit originated in the United States and it still remains mainly a US phenomenon. However it is allowed in some European countries with civil law.

In the United States class action lawsuits may be brought in the federal court if the case involves issues that affect proposed class members in different states and has connection with fed­eral law. However, such class action suits must have certain common issues across state lines. This may be difficult as the civil law in the various states has certain differences which means that each state's set of claims have to be dealt with either separately or through the device of multidistrict litigation. It is also possible to bring class action lawsuits under state law, and in some cases the court may extend its jurisdiction to all the members of the class, including those within the state and out of the state (or even internationally) as the key element is the jurisdiction that the court has over the defendant.

Filing a class action means filing a suit with one or several named plaintiffs on behalf of a supposed class. This class must consist of a group of individuals or business entities that have suffered a common wrong. Usually these kinds of cases are connected with some standard action on the part of a business, or some particular product defect or policy that was applied to all class members in a uniform matter. After filing the sum­mons and complaint, the plaintiff usually has to bring a motion (sometimes at the same time as filing the summons and complaint) to have the class certified. In some cases class cer­tification may require additional discovery in order to deter­mine if the proposed class meets the standards for class certi­fication.

Upon the motion to certify the class, the defendants may express disagreement on certain issues. The defendants may object to whether the named plaintiffs are sufficiently represen­tative of the class and to their relationship with the law firm or firms handling the case. The court will also examine the ability of the firm to prosecute the claim for the plaintiffs, and their resources for dealing with class actions. The court may require notices describing the class action to be sent, published, or broadcast to the public to notify the potential class members.

As part of this notice procedure, there may have to be sever­al notices, first a notice giving class members the opportunity to opt out of the class, i.e. if individuals wish to proceed with their own litigation they have the right to do so, if they give timely notice to the class counsel or the court that they are opting out. Second, if there is a settlement proposal, the court will usually direct the class counsel to send a settlement notice to all the members of the certified class and all the members of any sub­classes (that might have slightly different but uniform claims), informing them of the settlement offer made by the defendants, and the fact that the named plaintiffs have agreed to accept the settlement. The court will also specify the legal fees to be paid to the class counsel as part of the settlement, which may be con­siderable. This fact makes class actions appealing to many plain­tiff law firms.

In federal civil procedure law, which has generally been accepted by most states, the class action must have certain characteristics: a) the class must be so large as to make individ­ual suits impractical, b) there must be legal or factual claims in common, c) the claims or defenses must be typical of the plain­tiffs or defendants, d) the representative parties must adequate­ly protect the interests of the class. In many cases the party seeking certification must also prove e) that common issues between the class and the defendants will predominate the pro­ceedings, as opposed to individual fact-specific conflicts between class members and the defendants and f) that the class action, instead of individual litigation, is a superior means for resolution of the disputes at hand.

The approach towards class action lawsuits has always been different. Class action lawsuits are considered to have both advantages and disadvantages.

Some critics say that many class actions are brought by lawyers too willing to achieve the so-called coupon settlements for their clients when they can get very substantial legal fees for their efforts. These coupon settlements (which usually allow the plaintiffs to receive some kind of minimal benefit such as a small check or a coupon off future services or products with the defendant company) are also a way that the defendants forestall major liability; if a large number of people do not litigate their claims separately, then the business is not adversely affected. Critics also attack the institution of the class action as being a form of taxation upon large business corporations that prevents them from aggressively pursuing innovation. This kind of argu­ment is generally supported by those involved in the tort reform.

However many lawyers see class actions as one of the most important legal tools to develop in this century. Class actions make it possible for a few people to change corporate practices and to bring wrongs to the attention of the court. The claims may result in a settlement but they usually force the defendant business into adapting their policies to eliminate the practices that lead to the class action. In this way all of society benefits in way that are hard to quantify beyond the members of the class who receive compensation.

Choose the best answer to each question:

1. Class actions are one of the most important means ...

a) to start litigation where a certain social class will be one of the parties.

b) to protect the rights and specify remedies for a large number of people whose civil rights were infringed.

c) to achieve certain equality of legal issue.

d) to make courts extend their jurisdiction to as many mem­bers of social classes as possible.

2. To bring a class action lawsuit it is necessary...

a) to collect the signatures of a group of individuals who were affected by the common wrong.

b) to make the involved issue public.

c) to file a claim on behalf of class members indicating the names of one or several plaintiffs.

d) to apply the device of multi-district legislation.

3. Certification of the class does not require determining ...

a) the relationship of the class members with the law firm handling the case.

b) the ability of the firm to prosecute the claim for the plain­tiffs.

c) the plaintiffs' resources for dealing with class actions.

d) the legal fees as part of the settlement.

4. The opponents of class actions put forward the opinion that class actions ...

a) substantially reduce the punitive damages.

b) are initiated by lawyers who only want to benefit from settlements.

c) prevent manufacturers from any attempts to pursue innovations.

d) leave individuals no option to proceed with their own legislation.

5. It is not mentioned in the text that class actions ...

a) bring out significant differences existing in civil law in different states.

b) are one of the most efficient legal means of bringing wrongs to the attention of courts.

c) help to eliminate practices leading to class actions.

d) draw public attention to destructive effects of goods pro­duced by certain companies.