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Exercise 5. Answer these questions

1.What areas does Intellectual property cover?

2.What are three main mechanisms for protecting intellectual property in the US?

3.What are three different types of patents in the United States?

4.What if the purpose of trademarks ?

5.What is the person who violated your intellectual property rights required to pay for?

6.What is the WIPO mission ?

7.What does the WIPO provide ?

8.How are IP disputes resolved?

TEXT 11.

Punitive Damages

Punitive damages, also known as exemplary damages, may be awarded by the trier of fact (a jury or a judge, if a jury trial was waived) in addition to actual damages, which compensate a plaintiff for the losses suffered due to the harm caused by the defendant. Punitive damages are a way of punishing the defendant in a civil lawsuit and are based on the

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theory that the interests of society and the individual harmed can be met by imposing additional damages on the defendant.

Since the 1970s, punitive damages have been criticized by U.S. business and insurance groups which allege that exorbitant punitive damage awards have driven up the cost of doing business. Punitive damages have been characterized as "quasi-criminal" because they stand halfway between the criminal and Civil Law.

Punitive damages were first recognized in England in 1763 and were recognized by the American colonies almost immediately. By 1850, punitive damages had become a well-established part of civil law.

The purposes of punitive damages are to punish the defendant for outrageous misconduct and to deter the defendant and others from similar misbehavior in the future. The nature of the wrongdoing that justifies punitive damages is variable and imprecise. The usual terms that characterize conduct justifying these damages include bad faith, fraud, malice, oppression, outrageous, violent, wanton, wicked, and reckless. These aggravating circumstances typically refer to situations in which the defendant acted intentionally, maliciously, or with utter disregard for the rights and interests of the plaintiff.

Punitive damages are a controversial issue in TORT and PRODUCT LIABILITY LAW. Injured plaintiffs and their attorneys often seek punitive damages from companies that have made allegedly defective or unsafe products and have known about the defects or safety problems. Plaintiffs view punitive damages as a way of sending a message to the manufacturer and to business, in general, that it is financially unwise to cut corners or ignore safety concerns. On the other hand, defendants in these actions contend that punitive damages are unfair, unpredictable, and often excessive. In their view, the plaintiff receives a financial windfall unrelated to the actual damages in the lawsuit.

Proponents of punitive damages believe that this type of award serves a number of important societal functions, including retribution, deterrence, compensation, and law enforcement.

Supporters of punitive damages contend that one function for such an award is to provide retribution to the victim of the defendant's reckless or

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wanton conduct.

When a person is injured by the wanton misconduct of another, the plaintiff has the right to express her outrage by extracting a judicial fine from the wrongdoer.

Seeking retribution allows the plaintiff to punish an intentional lawbreaker in much the same way as the criminal justice system punishes him.

Proponents believe that the most important function that punitive damages serve is that of deterrence. Punitive damages tell manufacturers and other businesses that financial penalties will follow if companies sell products known to be defective.

Advocates of punitive damage awards also contend that these awards serve a compensation function. Although a plaintiff may receive actual damages for the injuries suffered, many of the plaintiff's actual losses, including those involving intangible harm, are not compensable under the rules of compensatory damage liability. Punitive damages help the plaintiff to be made whole again.

Another function of punitive damages articulated by supporters is law enforcement. Without the prospect of a large punitive damage windfall, many persons would not be willing to make their claims. Punitive damages act as a law enforcement vehicle, energizing prospective plaintiffs and motivating them to enforce the RULES OF LAW and to promote the functions of retribution, deterrence, and compensation.

Critics of punitive damages believe that large monetary awards are unfair, unreasonable, and not productive for society.

Critics also charge that the vagueness of standards for determining the defendant's liability for punitive damages and for calculating the award itself causes juries to make decisions based on passion, bias, and prejudice rather than on the law.

The vagueness in such terms as reckless, willful, or wanton leads critics to conclude that juries have no meaningful, objective way to make an informed decision.

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Finally, critics contend that allowing punitive damages to early plaintiffs may bankrupt defendants, thereby depriving later plaintiffs of compensatory damages.

For these and other reasons, the critics see punitive damages as counterproductive to the public good. Large awards result in increased costs of products and services and even discourage companies from producing products or providing services out of fear of litigation.

The controversy over punitive damages is likely to continue because it involves fundamental issues of justice, fairness, and the public good.

The measurement of punitive damages has been controversial because, traditionally, the amount to be awarded is, for the most part, within the discretion of the trier of fact. To determine the amount, the jury or court must consider the nature of the wrongdoer's behavior, the extent of the plaintiff's loss or injury, and the degree to which the defendant's conduct is repugnant to a societal sense of justice and decency. In some states, the financial worth of the defendant can properly be considered.

Ordinarily, an award of punitive damages by a jury will not be upset as excessive or inadequate. If the trial court believes that the jury award is excessive or unwarranted by the facts, it can remove punitive damages from the final judgment, or it can reduce the amount through a procedural process called remittitur.

Exercise 1 Find these words and word combinations in the text.

a) недобросовестно

b) присуждать денежное возмещение в виде наказания ответчика для примера

c) злой умысел

d) притеснения, гнет

e) возмутительное поведение

f) пренебрегающий (правами других лиц)

g) беззаконный, порочный, грешный, безнравственный

h) опрометчивыq

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j) несовместимый, противоречащий

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1.Punitive damages, also known as exemplary damages, may be awarded by the trier of fact to compensate a plaintiff for the losses suffered due to the harm caused by the defendant..

2.The nature of the wrongdoing that justifies punitive damages is variable and imprecise..

3.Punitive damages have been characterized as "quasi-criminal" because they stand halfway between the criminal and Constitutional Law.

4.. Punitive damages are a controversial issue in TORT and PRODUCT LIABILITY

LAW.

5.Punitive damages can't help the plaintiff to be made whole again.

6.Critics charge that the vagueness of standards for determining the defendant's liability for punitive damages and for calculating the award itself causes juries to make decisions based on passion, bias, and prejudice rather than on the law.

7.If the trial court believes that the jury award is excessive or unwarranted by the facts, it may not reduce the amount..

Exercise 3 Complete these sentences.

1.Punitive damages, also known as exemplary damages, may be awarded by

………………..

2.The purposes of punitive damages are ……………………

3.The usual terms that characterize conduct justifying these damages include……………………….

4.Proponents of punitive damages believe that ………………………….

5.Critics of punitive damages believe that ………………………

6.The measurement of punitive damages has been controversial because

……………………………………..

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Exercise 4 Match these terms and their definitions.

1. punitive damages a) a ruling by a judge (usually upon motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case. Usually, this is because

Exercise 5. Answer these questions

1.What do punitive damages compensate a plaintiff for?

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2.When were punitive damages first recognized in England ?

3.What are the purposes of punitive damages?

4.Why are punitive damages are a controversial issue in tort and product liability law?

5.What are the functions of punitive damages?

6.Why are punitive damages criticized ?

7.Why is the controversy over punitive damages likely to continue ?

8.What must the jury or court consider to determine the amount of damages?

9.What is called remittitur?

KEYS

TEXT 1.

Exercise 1 Find these words and word combinations in the text.

a)contract of employment

b)you are entitled to

c)void

d)legal rights

e)minimum wage

f)flexible working

g)maternity leave

h)redundancy pay

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1. T 2. F. 3. T 4. T 5. F. 6. T. 7. F. 8. F. 9.T. 10..F. Exercise 3 Complete these sentences.

1. The rights that apply from the day the employee starts work are :

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-the right to an itemized pay slip

-the right to be paid at least the national minimum wage.

-the right not to have illegal deductions made from pay.

-the right to time off for trade union duties and activities.

-the right to time off for study or training for 16-17 year olds.

-the right to paid time off for ante natal care.

-the right to paid maternity leave..

-the right to paid paternity leave

-the right to ask for flexible working to care for children or adult

-the right to paid adoption leave

-the right to reasonable time off to look after dependants in an emergency

-the right under Health and Safety law to work a maximum 48-hour working week.

-the right under Health and Safety law to weekly and daily rest breaks.

-the right not to be discriminated against

-the right not to suffer detriment or dismissal for ‘blowing the whistle’.

2. - the right to paid time off to look for work if being made redundant. the right to notice of dismissal

-the right to written reasons for dismissal from your employer

-the right to claim compensation if unfairly dismissed.

-the right to claim redundancy pay if made redundant.

3. - anyone who is not an employee, for example, an agency or freelance worker.

-employees who normally work outside the UK

-members of the police service and the armed forces

-merchant seamen and share fishermen

-some workers in the transport industry

-trainee doctors

Exercise 4 Match these terms and their definitions.

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Exercise 5. Answer these questions

1.on your statutory rights , and your contract of employment.

2.Parliament.

3.Some workers are not entitled to some statutory rights.

4.There are special rules about the employment of children and young people.

Total score:

TEXT 2.

Exercise 1 Find these words and word combinations in the text.

a)agreed verbally

b)trade union

c)to avoid paying insurance and tax.

d)paid annual leave

e)lay off

f)redundancy payment

g)to care for a child

h)dependant

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1. F 2. T. 3. T. 4. F. 5. F. 6. T. 7. F.

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Exercise 3 Match these terms and their definitions.

4.ante-natal care b

5.adoption a

Exercise 4 Answer these questions.

1.Written, agreed verbally, include ‘custom and practice’ agreements.

2.Yes, they do

3.A written statement from their employer describing the main terms of the contract of employment.

4.Full-time workers are entitled to at least 5.6 weeks a leave year. If you

work part-time, you're entitled to a pro rata amount.

5. - to carry out duties as a trade union official

-to carry out duties as a trade union health and safety representative

-to look for work if faced with redundancy

-to receive ante-natal care

-to have a baby, to take paternity leave, to take adoption leave or to ask for flexible working hours to care for a child

-to study or train for employees aged 16-17

Total score:

TEXT 3.

Exercise 1 Find these words and word combinations in the text.

a)to ask for time off work

b)to improve the performance

c)to turn down a request

d)to make a claim