nazarova_nb_korobova_ev_practice_in_legal_english

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?

Problem–solving:

a.Copy the complaint form (or get a copy of the form used in your local small claims court). Fill out the form with a complaint that you have had or that a friend or a family member has had. Write a short description of the events giving rise to the claim.

b.What would you do if you were notified that you were being sued in small claims court for failing to pay a bill? What would happen if you ignored the notice or did not show up in court?

c.Do you think small claims courts should follow normal court rules? Should lawyers be allowed? Why or why not?

Role–play.

Roles:

1.Victim.You want to apply to small claims court (think why). Roleplay the three general steps and present your case in court.

2.Court clerk. Help the applicant to fill out the forms and give necessary advice.

3.Uncooperative witnesses. First you don’t agree to go to the court (give your reasons), then you are ordered to go and give the evidence.

4.Friend. Listen to your friend’s presentation before he/she does it in the court and give advice.

5.Judge. Listen to the presentation of the case, to the witnesses, ask questions and make decision.

Read and translate the text:

DECEPTIVE SALES PRACTICES

Most sellers are honest, but some are not. A few use deceptive or unfair sales techniques. As a result, consumers must learn to recognize and avoid deceptive sales practices.

Easy Money

Mr. and Mrs. Johnson were struggling to make ends meet and to feed their family of five. They decided that they needed to borrow money to meet their expenses for the month. They considered going to a bank for a loan, but they knew they had poor credit histories, and they didn’t want to be paying off interest over a long period of time.

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They were very interested when they read the following ad in the newspaper:

EASY MONEY: Are you having trouble making ends meet? Do you need a short–term loan just to get you through a rough time? We offer quick loans to anyone regardless of credit background; No interest payments. Just a nominal processing fee. CALL TODAY!!

The offer sounded too good to be true. But although the Johnsons were skeptical, they called. The operator saidshe would be happy to offer them a no–interest loan of $2,000 repayable in six easy monthly installments. All the Johnsons had to do was to pay a one–time $200 fee that the company would use to process the paperwork.

The Johnsons did not have to meet anybody from the loan company, and nobody bothered them at their home. They scraped together the $200 and sent Easy Money, Inc., a money order.

When they had not received their money in three weeks, they began to worry. They again called the number listed in the paper, but the line had been disconnected. Finally, after, two additional weeks, they realized they were not going to get their loan and would never see the “processing fee” again.

Problem–solving:

a.Did any unfair or deceptive practices take place in the John–sons’ story? Explain.

b.What could the Johnsons have done to prevent their loss?

c.What can they do now? Can any state or federal agencies help them?

d.How can merchants and consumers use small claims court?

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

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UNIT 10.

Door-to-Door and Telephone Sales

Read and translate the text.

Most door–to–door salespeople are honest. They offer products and services consumers may need and want. Some, however, use high– pressure tactics and smooth talk to get you to buy things that you otherwise wouldn’t buy. Once in the door, this type of salesperson won’t take no for an answer and will do almost anything to make the sale.

Some state laws and a Federal Trade Commission rule give consumers a “cooling–off” period of three business days after they have signed a contract for over $25 with a door–to–door salesperson. During this period, consumers can notify door–to–door sellers in writing that they wish to cancel the contract. The FTC rule also requires door–to– door salespeople to tell their customers about the right to cancel and to put this notice in writing. If the seller does not do this, the consumer may be able to cancel the contract by sending a letter or telegram to the seller.

Consumers should be cautious regarding sales offers made by telephone. Many fraudulent schemes are conducted this way. The cooling–off period of three days does not yet apply to telephone sales. Be particularly careful if a telephone salesperson asks for your credit card number. This person may not only fail to send what you order but may also make additional purchases using your credit card number!

Telemarketing Scams

According to the United States House Committee on Government Operations, consumers lose between $3 billion and $15 billion annually due to telemarketing fraud. The National Consumers League identifies the following top ten telemarketing scams:

1.Postcard guaranteed prize offers.

2.Advance fee loan scams.

3.Fraudulent 900 number promotions.

4.Precious metal investment schemes.

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5.Toll call fraud.

6.“Free” airfare vacation offers.

7.Direct debit from checking accounts.

8.Phony Yellow Pages invoices.

9.Phone credit card promotions.

10.Collector’s items.

Phony Contests and Referral Sales

A seller may convince consumers that they can save money by referring the seller to other customers. The consumer then enters into a sales contract assuming that the price will be reduced if he or she gives a list of other potential purchasers of the product to the seller. However, the agreement usually provides savings to the consumer only if the potential customers actually buy the product. This selling technique is called a referral sale. Unless deceptive, referral sales are generally legal.

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

Агенты по продаже на дому, тактика давления и уговоров, период обдумывания, право на расторжение контракта, мошенническая схема, продажа товара по телефону, междугородный телефонный разговор, убедить покупателя, жульническое соревнование.

Answer the questions:

1.What are high–pressure tactics and smooth talk? Give your examples.

2.What is a “cooling–off” period? How long is it? Do we have it in this country?

3.Why should consumers be cautious regarding sales offers made by telephone?

4.How much do consumers lose annually due to telemarketing fraud according to the United States House Committee on Government Operations?

5.Comment on the top ten telemarketing scams. Have you heard of any of them?

6.What are referral sales? Are they legal?

Read the story, finish it and retell:

Three months ago Mr Brown received a visit from a salesman representing Home Electrics Ltd, who persuaded him to buy an electric hair drier for $60. He told Mr Brown that if he sent a $15 deposit, they would send him the hair drier on a two–week home trial. If, after that time, he didn’t want to keep the drier, he should send it back and his deposit would be refunded. The salesman assured Mr Brown that he was under no obligation to buy the drier if he didn’t like it.

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Mr Brown sent his deposit and received the drier a few days later.

But when he tried it out he found it didn’t work, and the same afternoon his wife saw exactly the same drier in a local shop for only $50.

So he sent the drier back to Home Electrics with a letter. In the letter he explained that he didn’t want the drier because it didn’t work and pointed out that the same drier could be bought locally for $10 less.

Instead of getting his deposit back, as he expected, Mr Brown got a letter from Home Electrics in which they claimed that he had broken the hair drier by using it wrongly, and that he still owed them $45.

So Mr Brown wrote back to them. He strongly denied that he had broken the drier, and asked them again to return his $15.

A few days later he got a letter from the Managing Director, who insisted that the drier had reached Mr Brown in perfect condition, and warned him that if he did not pay the balance within seven days, the company would have to take legal action.

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

UNIT 11.

Advertising and the Consumer

Read and translate the text.

Advertising is everywhere. Each day, American consumers are bombarded by ads on radio and television, in newspapers and magazines, on billboards and bus shelters, even on blimps in the air and benches in the park.

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The United States has always been a commercial society; but in recent years, advertising has become more widespread. In 1992, over $130 billion was spent on advertising in the mass media, and this doesn’t include non–mass–media advertising like direct mail ads. Advertising has also become more persistent and intrusive. As a result, people sometimes try to avoid advertising by flipping the channel during TV commercials or tossing unopened junk mail into the trash can.

The First Amendment to the U.S. Constitution protects advertising as an expression of free speech. However, courts have ruled that government may regulate and even prohibit certain types of advertising. One of the most controversial types of advertising involves tobacco.

Tobacco advertising is controversial because smoking is the nation’s leading preventable cause of death. More people die from smoking each year than from AIDS, accidents, fires, homicides, suicides, and drunk driving combined. As a result, there have been efforts to eliminate or restrict tobacco advertising. In 1972, tobacco advertising was prohibited on radio and television, but it is still allowed in magazines, in newspapers, and on billboards and other forms of outdoor advertising. Tobacco ads on billboards are particularly controversial. Unlike newspapers and magazines, which can be ignored or thrown away, billboards make the American public a “captive audience” to huge, intrusive ads that can’t be avoided. What’s more, numerous studies have shown that more billboards are located in neighborhoods where poor people live than elsewhere.

Advertising can, of course, be beneficial. For example, merchants use advertising to tell potential customers about their products. Ads can also help consumers by telling them about new goods and services and by providing other useful information. Although ads can be helpful, they can also mislead, deceive, and confuse.

Ads sometimes mislead consumers through vague claims or, in a few cases, outright lies. Other times, ads try to create a desire for products that consumers don’t really need or want. Many ads appeal to emotion rather than provide the kind of factual information needed to make a wise buying decision.

The federal and state governments have laws that prohibit false or deceptive advertising. However, these laws are difficult to enforce, and deception can take many forms.

When the public is widely exposed to a misleading ad, the FTC can order the seller to stop the false advertising. It can also order corrective advertising. This means that the advertiser must admit the deception in all future ads for a specified period of time. For example, a

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well–known mouthwash company advertised that its product cured sore throats and colds. When an investigation proved this claim false, the FTC ordered that all new ads state that the previous claims were untrue.

Although, as a general rule, false or misleading ads are illegal, one type of ad is an exception to this rule. Ads based on the seller’s opinion, personal taste, or obvious exaggeration are called puffing. While perhaps not literally true, ads that puff are not illegal. For example, a used car dealer that advertises the “World’s Best Used Cars” is engaged in puffing. A reasonable person should know better than to rely on the truthfulness of such a statement. Similarly, announcing a sale at a furniture store, an ad reads: “2,750 items of furniture have to disappear tonight’.” This ad is not literally true; but again, a reasonable consumer should understand that it is just “seller’s talk.”

In contrast, consider an ad that reads: “Giant Sale–Top–Quality CD Players, formerly $300, now just $225.” If the compact disc players were never sold at $300 and could have been purchased anytime for $225, this ad is illegal. It misleads consumers about an important fact concerning the product. The ad is not puffing, because it is not based on the seller’s opinion, personal taste, or obvious exaggeration.

The difference between illegal advertising and puffing may be small, so consumers should be on guard. If an ad tends to mislead about an important fact concerning the product, it is illegal; but if the ad is merely an exaggeration or a nonspecific opinion, it is probably puffing and legal.

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

Широко распространенный, средства массовой информации, настойчивая и навязчивая реклама, телевизионные рекламные ролики, свобода слова, сомнительная реклама, причина смерти, рекламный щит, сбивать с толку, откровенная ложь, взывать к чувствам, корректирующая реклама, признать обман, очевидное преувеличение, торговец подержанными автомобилями, быть начеку.

Answer the questions:

1.Why has advertising become more widespread in recent years?

2.What is non–mass–media advertising?

3.Do you sometimes try to avoid advertising? How?

4.Do you agree that “advertising is an expression of free speech”?

Why? Why not?

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5.How is tobacco advertising controversial? Is it legal in Russia? Are there any restrictions?

6.Give examples of beneficial advertising.

7.How can ads mislead consumers?

8.Do we have any laws that prohibit false or deceptive advertising in Russia?

9.What is the difference between illegal advertising and puffing? Give your examples.

Read the text and answer the questions:

The Guaranteed Jeep

Janine Gomez received a mailgram addressed to her with the word URGENT in bold letters across the front. She opened the envelope and read the letter. It told her she was a guaranteed prizewinner. The two prizes listed in large, bold letters were a brand new jeep and a big–screen color television. In much smaller print, the letter said that there were other valuable prizes that she could win instead. No matter what, she was preselected as a certain winner.

All she had to do to claim her prize was call a direct number: 1– 900–NEW–JEEP. In even smaller print, the letter informed her that the call would cost $5 for the first minute and $3 for each additional minute and that it would take from three to five minutes to adequately discuss her prize. Although this was an expensive call, Janine decided that the prize she would get would be worth the cost of the call.

1.Assume that the prize Janine is offered is a kitchen appliance available in grocery stores for less than $2. What should she do?

2.What mistake, if any, did she make in deciding to respond to the mailgram?

3.Have you or has anyone in your family ever received notice of a guaranteed prize in the mail? How did you respond?

4.What, if anything, was deceptive about the mailgram?

5.In what way, if any, should the law regulate situations such as the one encountered by Janine?

Problem–solving:

To determine the impact of one form of advertising on you and your community, conduct a survey of outdoor advertising in your neighborhood and around your school. Next time you travel from home to school, note the following:

1. How many billboards do you see? If you don’t see any, do you

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see any other forms of outdoor advertising? Explain.

2.How many advertisements do you see for alcoholic beverages and cigarettes? How many for other products? What percentage of the outdoor ads you see are for alcohol and tobacco?

3.How many billboards are located in inappropriate locations, such as near schools, churches, homes, or parks?

4.What is the character of the neighborhood around your school and home? Compare your answers with those of other students. Are there any differences in the number of outdoor ads among different types of neighborhoods? (Note: If you don’t see any outdoor advertising at all, it is probably because your city or town has an ordinance prohibiting this form of advertising.)

Problem–solving:

Study ads that appear in your local newspaper. Bring in three examples of puffing. For each, explain why the ad is not illegal, even though it may not be literally true.

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

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UNIT 12.

Ads that Appeal to Our Emotions

Read and translate the text.

For many consumers, the biggest problem is not false advertising. Rather, it is legal advertising that influences them to buy things they really don’t want, need, or know much about. Many ads try to sell products by appealing to the emotions.

Some ads associate products with popular ideas or symbols, such as family, motherhood, wealth, or sex appeal. These ads try to convince you that purchasing the advertised products will associate you with the same ideas or symbols. Nearly all perfume ads in magazines, for example, include photos of beautiful women. The message to consumers: Use this perfume and you will appear to be as beautiful as the woman in our ad.

The bandwagon approach is a technique that promotes the idea that everybody’s using the product. Automotive manufacturers sometimes claim, for example, that their car, truck, or minivan is “best selling in its class in America . . . three years running.” The message: Because others have bought our product, you should, too.

Related to this is celebrity appeal. This technique involves having famous athletes or movie stars advertise the product. The best– known celebrity ads show professionals athletes promoting sports equipment. These people bring glamour and style to ads, but this does not necessarily mean the products are of high quality.

Still other ads try to convince consumers by resorting to the claims of authorities, such as doctors, or by citing test results or studies that appear scientific. Ads for certain medicines include the phrase,

“recommended by doctors.” Of course, smart consumers would want to know which doctors recommended it, and for what symptoms.

A common television technique is based on the notion that seeing is believing. A popular television ad shows a housekeeper cleaning two areas of bathroom tile, one with the recommended product and the other with the product of a leading competitor. After one quick stroke, one area of tile sparkles, and the other is still dirty. Consumers tend to remember this picture when thinking about cleaning products.

Some ads appeal to emotion simply by trying to make us laugh or feel good. One airline ran an ad frequently in winter months showing a

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