nazarova_nb_korobova_ev_practice_in_legal_english

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

Отражать и обеспечивать ценности общества, осуждать убийство, незаконный, защищать права человека, разрешить конфликт, обеспечить порядок и стабильность, защищать окружающую среду, большинство/меньшинство, давать предпочтение, сбалансировать права и обязанности, нарушать права, защита жизни, при определенных обстоятельствах, самооборона, льготы по налогообложению, участие, бесплатное государственное образование.

Answer the questions:

1.What do laws reflect and promote?

2.What influences the legal system? How?

3.Think of your own examples of something that is immoral, but not illegal. Now try to find examples of something illegal but not immoral in our society.

4.What goals do we expect the legal system to achieve?

5.Why can laws change when values do?

6.What do economic values deal with?

7.How can laws promote economic values?

8.How does the law encourage people to buy homes?

9.What is the difference between political and social values?

10.Make a short summary of the text. Do you agree with all the ideas given there?

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

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Read and translate the dialogue:

Narrator: The solicitor describes a violent crime he has had to defend.

Solicitor: I can think of man who used to live, in a caravan, and his marriage broke up, and shortly after the break–up of marriage he had serious mental illness…

Interviewer: I see…

Solicitor: And he began drinking and he seemed to be unable to keep any job for very long and one particular night he committed a crime, fair degree of seriousness he went into a bus station. For no apparent reason he hit an elderly man, on the face, as he entered the bus station. Two children then came into his notice and he chased these two children on to a bus. He beat two children. When another elderly man who was also sitting on the bus, which was waiting to depart…

Interviewer: Did he try to interfere?

Solicitor: Yes, he tried to prevent him from beating the children, he beat the elderly man and then, departing from the bus station, he assaulted another woman on his way out.

Interviewer: I see…

Solicitor: No apparent reason at all we had extensive medical and psychiatric reports, a social report by the probation service, because this man had been in trouble before. And when it really boiled down to it, he was just anti–social.

Answer the questions:

1.After what event in his life did the man become a criminal?

2.Why couldn’t the man keep any job for very long?

3.How serious was the crime that this man committed?

4.Where did the crime occur?

5.Where was the elderly man sitting when the criminal beat him? Why did the criminal beat him?

6.What information did the solicitor obtain about his defendant (before

starting to work on the case)?

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Retell the dialogue in indirect speech.

Read and retell the text:

The Baby Milk Boycott

A company had been advertising the sale and use of its baby formula in underdeveloped countries in Africa, Asia, and Latin America. To encourage new mothers to feed their babies formula instead of breast milk, the company had been giving free supplies of its formula to hospitals.

Critics of the company’s practices said that breastfeeding at home was difficult once babies had been bottle–fed with formula in the hospital. The critics pointed out that many mothers, after leaving the hospital, discovered that bottled formula was too expensive; as a result, their babies were often underfed. When mothers did use the formula, they often mixed it with polluted water. The critics stated that many of the 3,500 infant deaths occurring daily around the world resulted from inadequate nourishment.

The company denied that its practices caused the deaths of babies. It asserted that its formula was beneficial to babies and that other factors, such as poor health care, caused infant deaths. The company believed it was unfair to criticize the promotion of a safe and useful product, noting that mothers who could not breast–feed needed bottled formula.

Beginning in 1977, citizens of various countries began to organize a boycott of the company’s formula and of its other products, which included different types of baby food and chocolate. The boycott attracted attention from the media and other groups. UNICEF (United

Nation’s International Children’s Emergency Fund) and the World Health Organization issued regulations declaring that the company’s marketing practices would in the future be considered illegal. In 1988, however, it was discovered that the company was still offering free formula to new mothers in many countries. Because the company was based in Europe, the European Community (EC) was asked to take action. In 1992, the EC set up complaint procedures in 100 countries.

Role–play:

Role–play a meeting between “Boycotters to End Infant Formula Deaths” and representatives of the formula manufacturer. After each

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side presents its point of view, both should try to reach an agreement to address the problem.

Answer the questions:

1.With which position in the role–play do you agree? Explain. Was an agreement reached?

2.What does the word boycott mean? Do you think the boycott worked in this case?

3.Do you know of other consumer boycotts? Describe them and explain why people were boycotting.

4.Do you think the boycotts were effective? Were any of them waged against someone other than a manufacturer?

5.What alternatives to boycotting do people who dislike the practices of a company or group have? Compare the effectiveness of boycotts with that of alternatives

UNIT 3.

Consumer Law

Read and translate the texts.

Have you ever bought a meal in a restaurant or a pair of sneakers at a sporting goods store? Have you ever ridden a bus to work or have your car repaired at a service station? If you did any of these things you were a consumer. A consumer is a person who buys goods and services for personal or household purposes from a seller.

When sellers agree to provide and consumers agree to pay for goods or services, the parties have entered into a legal agreement. The agreement is called a contract. Every time you order a meal a restaurant, you promise to pay for it, and the restaurant promises to give you a meal that is fit to eat. If the consumer and the seller have a dispute they can’t settle themselves, the law may help determine the outcome.

For many years, consumer law was characterized by the legal expression caveat emptor. This means “let the buyer beware.” In other words, consumers had to look out for unfair and misleading sales practices before buying or else be prepared to suffer the consequences. Once consumers bought something, they were stuck with the purchase, even if they got less than they bargained for, such as unsafe or poor– quality products.

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Today the law is more balanced. Consumers now have a right to be correctly informed of important information, such as quality, price and credit terms. Sellers must avoid sales and advertising practices that mislead, deceive, or are otherwise unfair to consumers. This increased concern for consumers is based on the fact that sellers are usually better informed about the products or services being offered and are usually in control of the sales transaction.

Even though the law has changed, the best protection is still a careful purchase. Learning about products and services, shopping carefully, and knowing your legal rights and how to enforce them are the best ways to avoid a problem.

You should also recognize that if you receive poor–quality merchandise or fall victim to a deceptive practice, all is not lost. You can often solve the problem yourself. And when you can’t, the law may provide a remedy.

While consumers have many rights, they also have responsibilities. For example, they have a responsibility to sellers to be fair and honest. A consumer who buys an item of clothing, wears it once to a party, and then returns it is not being fair and honest. When this happens, a seller’s costs go up, and everyone winds up paying higher prices.

Influences on consumers

Smart consumers understand the factors that influence their shopping habits. They think about whether they need the product, whether they can afford it, and how they can purchase it carefully. They also know the difference between wanting and needing a product. Of course, sometimes all consumers splurge and buy things they really don’t need. But smart shoppers don’t spend so much on things they want that they can’t afford what they really need.

Consumers often buy things in response to advertising. A great deal of television, radio, newspaper, and magazine advertising is geared toward specific groups of people. For example, sellers know that teenagers are an extremely important market for their goods and services, and so they develop specific ads for this audience. Advertising to teens has been stepped up as studies have shown that today’s parents make fewer buying decisions for their children. The ads, which are often purchased for shows or publications that particularly appeal to teens, are designed to increase sales of the products advertised. Many ads provide useful information about products or announce the start of a

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sale. However, ads may also attempt to influence you to purchase a product that you do not need or want or that you cannot afford.

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

Соглашение, определить исход, страдать от последствий, товары низкого качества, условия кредита, вводить в заблуждение, стать жертвой, избежать проблемы, в ответ на рекламу, быть нацеленным на…, увеличивать объем продаж, пытаться повлиять, средство судебной защиты, «пусть покупатель будет бдителен» (покупатель действует на свой риск), пускать пыль в глаза.

Answer the questions:

1.Define the term consumer.

2.How was consumer law characterized for many years?

3.What did it mean?

4.Why is the law more balanced today?

5.What is the best protection for consumers? Why?

6.How can you avoid problems?

7.Do consumers have any responsibilities? Give your examples.

8.What factors influence smart consumers shopping habits? Are you a smart consumer?

9.How does advertising influence consumers?

Problem–solving:

Select an item costing more than $100 that you or your family would like to purchase. What item did you select? Use the library at your school or in your neighborhood to find answers to the following questions:

1.What publications can provide you with information about this product? How else can you get information about it?

2.What specific information is provided about the product?

3.How can this information help you to be a smart consumer?

Problem–solving:

Identify an ad for a product you would consider buying. If the ad appeared in a newspaper or magazine, cut it out and bring it to class. If it was aired on the radio or television, either tape (or videotape) the ad or write a description of it and bring it to class. Answer the following questions about your ad:

1. What product or service does the ad promote?

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2.Who is the target audience for this product or service?

3.If the ad appeared on radio or television, at what time and during what program did it appear? If it appeared in print, in what publication did it appear? Why do you think the advertiser chose to run the ad in this way?

4.What information provided in this ad would you need to make a decision to purchase the product? Is there information you would need about the product that is not included in the ad? What is that information? How would you obtain it?

5.What makes this ad effective in encouraging you to buy the item advertised?

Problem–solving:

Create an ad that would encourage a teenager to buy one of the following products: a portable compact disc player, new basketball shoes, a meal at a fast–food restaurant, or toothpaste.

1.When you designed your ad, what ideas did you use to appeal to your audience?

2.Do professional advertising people use these ideas?

Read and translate the dialogue:

Narrator: The solicitor explains why he defends people who admit they are guilty, then he gives an example.

Interviewer: It’s your job to defend a person as best as possible…

Solicitor: As best as possible…

Interviewer: Well, I mean how can one do that if one feels that for instance the person is really guilty, for instance.

Solicitor: Oh, well I suppose really, one can put it very simply that my firm has a reputation for successful criminal defence and to some extent one is trying to continue that reputation. But sometimes there is very little that can be said…

Interviewer: What exactly do you mean?

Solicitor: I have a case at the moment actually where I have been told, by the client in no uncertain terms that he committed a particular offence on a particular night in a particular fashion. The police think that they can prove that he did this particular job crime.

Interviewer: Mm….

Solicitor: Our defence is the entirely negative defence that the police are required to prove their case. My client will never go in the witness box. He will never say a word from beginning to end. My duties will be

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entirely to cross–examine the police on the evidence which they say they have, the things which they say they saw the things they allege were said.

Interviewer: You feel that your duty then to try to prove this man is innocent even though as it happens in this one particular case you really know that he isn’t?

Solicitor: Yes. I am instructed to do a particular defence, in a particular way, and that is what I shall do.

Answer the questions:

1.What reputation does the solicitor’s firm have?

2.Why does the solicitor defend people he knows are guilty?

3.Describe what he has been told in the case he has at the moment.

4.What will his client do in court?

5.What exactly will the solicitor do? What will he ask questions about?

6.How does the solicitor feel about what he has to do?

Retell the dialogue in indirect speech.

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

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physical disability requiring them to use a wheelchair. The ADA covers all establishments that are generally open to the public. These include grocery, clothing, and hardware stores, as well as laundromats, hair salons, and gas stations.

What does it mean to say that consumers with disabilities must have equal access? It means that businesses must make reasonable accommodations to ensure that their goods and services are available to persons who are disabled. One accommodation you may have noticed is a ramp that would allow persons using wheelchairs to enter a restaurant that has several steps leading to the entrance. The ADA requires businesses to accommodate the needs of persons with disabilities as long as the accommodation is readily achievable. This means that business persons must undertake accommodations that are easy to do and not excessively expensive.

State Law

States also have consumer protection laws and agencies. Many of these laws prohibit unfair and deceptive trade practices. Such laws are often similar to the Federal Trade Commission Act. State laws allow consumers to bring complaints into state court and before state agencies. They also enable agencies, such as the state attorney general’s office or the state office of consumer affairs, to sue on behalf of consumers in order to halt illegal practices. In some cases, consumers can join together to bring class actions, which allow one or more persons to bring suit on behalf of a larger group.

Like federal consumer protection laws, state laws give the government power not only to stop unfair and deceptive practices but also to provide consumers with a variety of remedies. A remedy makes up for harm that has been done. Remedies include cease and desist orders, by which an agency can require a business to stop a forbidden practice; consent decrees, which are voluntary agreements to end a practice that is claimed to be illegal; and restitution, which is an order to refund or repay any money illegally obtained.

Local Law

Cities and counties may also have consumer protection laws. These laws have been passed to deal with specific consumer issues that have arisen at a local level. For example, some cities have “truth–in– menus” laws. Under these laws, if the menu reads “fresh swordfish,” the restaurant cannot serve swordfish that has been frozen.

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