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5.an accurate reference about you
6.If your employer has dismissed you without giving you the notice you are entitled to either by law or by your contract, your employer should pay you in lieu
of notice.
Exercise 5. Answer these questions
1.They should follow a proper dismissal and disciplinary procedure.
2.They may want to make a claim to an employment tribunal
3.No, it isn't.
4.To understand whether you are to be entitled to any notice or not.
5.because you are:-
-willing to work but are given no work to do
-on holiday
-off work through sickness or injury.
6. Your employer should pay you in lieu of notice.
Total score:
TEXT 9.
Exercise 1 Find these words and word combinations in the text.
a)Alternative Dispute Resolution
b)parties to a controversy
c)an impartial third party
d)arbitrator's award
e)to stipulate in contracts
f)mandatory arbitration
g)to adhere to the Code of Ethics
h)binding upon both parties
Exercise 2 Say if the sentences are true or false. Correct the wrong ones.
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1.F 2.F 3.T 4.F 5.T 6.F 7.F
Exercise 3 Complete these sentences.
1.a well-established and widely used means to end disputes. It is one of several kinds of Alternative Dispute Resolution
2.takes place out of court.
3 labor and commerce, auto insurance claims, court discrimination, and international
business issues.
4. . voluntary or required .
5.efficiency and flexibility .
6.(1) where the award is the result of corruption, Fraud, or undue means;
(2)where the arbitrators were evidently partial or corrupt;
(3)where the arbitrators were guilty of misconduct in refusing to postpone the hearing or hear pertinent evidence, or where their misbehavior prejudiced the rights of any party
(4) where the arbitrators exceeded their powers or imperfectly executed them so that a mutual, final, and definite award was not made.
Exercise 4 Match these terms and their definitions.
1. b 2. e 3. a 4. c 5. d 6. g Exercise 5. Discuss these questions
1.Arbitration is a well-established and widely used means to end disputes. It is one of several kinds of Alternative Dispute Resolution.
2.Arbitration takes place out of court: the two sides select an impartial third party,
the arbitrator's decision is usually final.
3.Labor and commerce, auto insurance claims, court discrimination, and international
4.business issues.
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5.Arbitration in the United States dates to the eighteenth century.
6.The traditional model is voluntary .
7.In disputes over automobile insurance claims
8.because they do not have to abide by the principle of stare decisis
(1)where the award is the result of corruption, Fraud, or undue means;
(2)where the arbitrators were evidently partial or corrupt;
(3)where the arbitrators were guilty of misconduct in refusing to postpone the hearing or hear pertinent evidence, or where their misbehavior prejudiced the rights of any party
(4)where the arbitrators exceeded their powers or imperfectly executed them so that a mutual, final, and definite award was not made.
Total score:
TEXT 10.
Exercise 1 Find these words and word combinations in the text.
a)to benefit from
b)exclusive rights
c)derivative works
d)without permission
e)apply for a patent
f)lost royalties
g)in multiple countries
h)an impartial mediator
Exercise 2 Say if the sentences are true or false. Correct the wrong ones.
1.T 2.F 3.F 4.F 5.F 6.T 7.F
Exercise 3 Complete these sentences.
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1.protecting the rights of those who create original works.
2.to encourage new technologies, artistic expressions and inventions while promoting economic growth
3.the expressive arts
4.an invention from being made, sold or used by others for a certain period of time.
5.the names and identifying marks of products and companies.
6.intellectual property services, policy, information and cooperation.
Exercise 4 Match these terms and their definitions.
1. e 2. d 3. a 4. b 5. c
Exercise 5. Answer these questions
1. e
identification marks.
2.copyrights, patents and trademarks
3.Utility Patents, Design Patents and Plant Patents.
4.to make it easy for consumers to distinguish competitors from each other.
5.all of your legal fees in addition to
compensating you for using your work without your permission.
6. to lead the development of a balanced and effective
International intellectual property system that enables innovation and creativity for the benefit of all.
7. a policy forum to shape balanced international IP rules;
global services to protect IP across borders and to resolve disputes;
technical infrastructure to connect IP systems and share knowledge;
cooperation and capacity-building programs
8. through mediation, arbitration, expert determination or litigation
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Total score:
TEXT 11.
Exercise 1 Find these words and word combinations in the text.
a)bad faith
b)to award exemplary damages
c)malice,
d)oppression,
e)outrageous conduct
f)wanton
g)wicked
h)reckless
j) to be repugnant to
Exercise 2 Say if the sentences are true or false. Correct the wrong ones.
1.F 2.T 3.F 4.T 5.F 6.T 7.F
Exercise 3 Complete these sentences.
1.the trier of fact (a jury or a judge, if a jury trial was waived) .
2.to punish the defendant for outrageous misconduct and to deter the defendant and others from similar misbehavior in the future.
3.bad faith, fraud, malice, oppression, outrageous, violent, wanton, wicked, and reckless
4.this type of award serves a number of important societal functions, including retribution, deterrence, compensation, and law enforcement.
5.large monetary awards are unfair, unreasonable, and not productive for society.
6.traditionally, the amount to be awarded is, for the most part, within the discretion of the trier of fact.
Exercise 4 Match these terms and their definitions.
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1. b 2. a 3. d 4. c 5. f 6. e
Exercise 5. Answer these questions
1.the losses suffered due to the harm caused by the defendant.
2.in 1763
3.to punish the defendant for outrageous misconduct and to deter the defendant and others from similar misbehavior in the future.
4.Plaintiffs view punitive damages as a way of sending a message to the manufacturer that it is financially unwise to ignore safety concerns. On the other hand, defendants contend that punitive damages are unfair, unpredictable, and often excessive..
5.retribution, deterrence, compensation, and law enforcement.
6.large monetary awards are unfair, unreasonable, and not productive for society.
7.because it involves fundamental issues of justice, fairness, and the public good.
8.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.
9.procedural process to remove punitive damages from the final judgment, or reduce the amount
Total score:
References
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Crowley, Thomas. 1994. "The Art of Arbitration Advocacy."
Hawaii Bar Journal (September).
Culiner, Helen. 1994. "Practical Guidelines for Lawyers Representing Clients in Arbitration Proceedings Today." Dispute Resolution Journal (September).
Deye, James, and Lesly Britton. 1994. "Arbitration by the American Arbitration Association." North Dakota Law Review (spring).
Nolan-Haley, Jacqueline M. 2001. Alternative Dispute Resolution in a Nutshell. 2d ed. St. Paul, Minn.: West Wadsworth.
Ware, Stephen J. 2001. Alternative Dispute Resolution. St. Paul, Minn.: West Wadsworth.
Daughety, Andrew F., and Jennifer F. Reinganum. 2003. "Found Money? Split-Award Statutes and Settlement of Punitive Damages Cases." American Law and Economics Review 5 (spring).
Kircher, John J., and Christine M. Wiseman. 2000. Punitive Damages, Law and Practice. 2d ed. St. Paul, Minn.: West Group.
Owen, David G. 1994. "Punitive Damages Overview: Functions, Problems and Reform." Villanova Law Review 39 (March).
Schlueter, Linda L., and Kenneth R. Redden. 2000. Punitive Damages. 4th ed. New York: LEXIS.
Wood, Robert W. 2003. "Proposed Nondeductibility for Punitive Damages: Will It Work?" Tax Notes (July 7).