nazarova_nb_korobova_ev_practice_in_legal_english

Read and translate the dialogues:

№1

Narrator: The Magistrate describes two less serious cases. In both of them it was easier to decide what to do.

Magistrate: There were two people charged with stealing from

shops.

Interviewer: Shoplifting.

Magistrate: Shoplifting it’s called. Interviewer: Yes, women were they or?… Magistrate: Both women…

Interviewer: I see.

Magistrate: On this particular occasion. One was er… I think rather an old and pathetic person, but, she was really rather confused and there was evidence that she’d been given sleeping pills by her doctor. Nobody knew how many she’d taken or how confused she was.

In any case she had no previous convictions, so we put her on probation. The other one was a woman whom we felt quite convinced had set out on a deliberate expedition knowing perfectly well what she was doing, with no question of confusion of mind or anything of that kind, and she was fined 20 pounds.

Answer the questions:

1.The two women were both the same in one way. In what way?

2.How does the Magistrate describe the first woman?

3.What exactly does he say about “sleeping pills” in her case?

4.What did he with her and why?

5.What was different about the second woman?

6.What happened to her?

№2

Narrator: Magistrate says why he gives help in some cases and punishment in others.

Interviewer: Are there ever times when you just feel…desperate, you know you realize, there’s absolutely nothing that can be done for this person?

Magistrate: Oh, yes, very often.

Interviewer: Hm…and what do you in such cases?

Magistrate: Well, it depends how anti–social their action has

been.

Interviewer: I see.

Magistrate: If a person…needs help one wants to give it to him or her, but on the other hand you…also have to consider at the same

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time the effect on society in general of too much kindness to too many people.

Interviewer: You mean if such a person were left free he might cause far more trouble to other people than he would cause to himself while he’s inside prison.

Magistrate: Yes, indeed. And also if people were never punished, I think undoubtedly crime would increase.

Answer the questions:

1.Why does the Magistrate feel desperate sometimes?

2.What does he have to consider when he sees that someone needs help?

3.What would happen if some people were left free?

4.What does he say would happen if people were never punished?

Retell the dialogues in indirect speech.

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

UNIT 7.

Consumer Protection

Agencies and Organizations

Read and translate the text.

Your telephone directory can save you hours in dealing with consumer protection agencies and organizations. Check the beginning

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of the white pages of your directory for information about local community resources that can help. Many directories also have a section in the middle of the book that provides a comprehensive listing of government agencies. Look in that section under “Consumer and Regulatory Agencies” to find the phone numbers of organizations that can help you with a consumer problem.

Some places have arbitration programs to help with consumer complaints. These programs arbitrate disputes between buyers and sellers who have not been able to settle a problem. If you choose to use this service, be sure to ask for and read a copy of the rules before you file your case. In some instances, the decision of the arbitrators is binding on both the business and the consumer; in others, only on the business; and in still others, on neither party. The party bound by the decision usually agrees not to pursue any other remedy, such as going to court.

Consumer Groups. Many private organizations help consumers. National organizations such as the Consumer Federation of America and the Consumers Union educate consumers and lobby for passage of consumer protection legislation. Private state and local consumer groups may give advice, investigate complaints, contact sellers, try to arrange settlements, and make legal referrals. To find these organizations, contact a local university, your state attorney general’s office, or a member of your city council. You should also check the phone book under both “Consumer” and “Public Interest Organizations.”

Business and Trade Associations. One of the best–known consumer help organizations is the Better Business Bureau (BBB). Better Business Bureaus are supported by private businesses; they are not government agencies. While BBBs have no law enforcement power, they do monitor business activity and try to promote high standards of business ethics. In many places, the BBB investigates consumer complaints, contacts the company involved, and tries to mediate a settlement. Reasonable complaints can often be settled with the BBB’s help, but BBBs usually act only as mediators and do not force a business to settle.

Media. Many local newspapers as well as radio and television stations have special “action line” or “consumer affairs” services that help consumers. Publicity is a powerful weapon, and many consumers find that they can settle problems simply by contacting, or even threatening to contact, the media. To use these services, check with your local newspaper, radio and television stations, or library.

Professional Associations. Many business and professional people belong to associations that act on behalf of the entire profession or

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occupation. While such an association may have no legal enforcement powers over its members, a consumer complaint may result in pressure on, or dismissal of, the offending member. For example, if you have a complaint against an attorney, you can contact the American Bar Association or the bar association for your city or state.

State and Local Government All states and many local governments have consumer protection groups that deal with everything from regulating public utilities to making sure you get a fair deal when you have your car repaired. These groups are often located within the state attorney general’s office, consumer affairs bureau, consumer protection agency, public advocate’s office, or public utilities commission.

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

Защита потребителя, арбитраж, разрешать разногласия в арбитражном суде, уладить проблему, передавать дело в суд, расследовать жалобы, следить за деловой активностью, поддерживать высокие стандарты деловой этики, являться посредником, сильное оружие, действовать от имени, коммунальные услуги.

Answer the questions:

1.How can you get in touch with consumer protection agencies and organizations?

2.What are the functions of arbitration programs?

3.Why is it necessary to read a copy of the rules before you file your case?

4.What is the decision of the arbitrators binding on?

5.What private organizations help consumers?

6.What do Better Business Bureaus do? Are they government agencies? How do they promote high standards of business ethics?

7.Do you agree that publicity is a powerful weapon? Give your examples.

8.In what ways can professional associations help consumers?

9.Are there any consumer protection agencies and organizations in Russia? What do you know about their activities?

Problem–solving:

Choose a service that you or your family has used (such as medical care, legal aid, or auto repair).

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1.Is there a professional association, licensing board, or other agency that could assist you if you had a problem with this service?

2.What steps must a consumer take to register a complaint with this agency or association?

3.What power does this agency have?

Look through the list of Federal Consumer Protection Agencies and solve the problems given below:

Office of Consumer Affairs – conducts consumer education and is a good first contact in the federal system because it can refer you to an agency that can help.

Federal Trade Commission – is the federal government’s main consumer protection agency. It acts to prevent unfair or deceptive trade practices as well as problems with bills, credit, and warranties.

Food and Drug Administration – regulates the safety of food, drugs, cosmetics, and medical devices through a testing program. It can

order unsafe products off the market.

Consumer Product Safety Commission – makes and enforces safety standards for many consumer products. It can ban, seize, or require warnings for unsafe products.

U.S. Postal Service – investigates mail fraud.

Department of Transportation – has various consumer protection offices within the department to set standards for safe air, rail, bus, and auto travel and to handle complaints from passengers.

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.

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

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.

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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

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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?

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.

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

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.

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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?

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