nazarova_nb_korobova_ev_practice_in_legal_english
.pdf1.A telephone … can save hours in dealing with consumer protection agencies and organizations.
2.Some places have … programs to help with consumer complaints.
3.In some instances, the decision of the arbitrators is … on both the business and the consumer.
4.Many … organizations help consumers.
5.BBBs investigate consumer complaints, contact the company involved, and try to … a settlement.
6.… is a powerful weapon.
7.Many business and professional people belong to … that act on behalf of the entire profession or occupation.
8.Professional association may have no legal … powers over their members.
9.If you have a complaint against …, you can contact the American
Bar Association.
10.Consumer protection groups deal with everything from regulating public … to making sure you get a fair deal when you have your car repaired.
2. Are the statements true (+) or false (–)? Correct the false statements.
1.Many directories have a section in the middle of the book that provides a comprehensive listing of government agencies.
2.If you choose to use an arbitration program, be sure to ask for and read a copy of the rules after you file your case.
3.The party bound by the decision usually agrees to pursue some other remedy, such as going to court.
4.Better Business Bureaus are government agencies.
5.BBBs have law enforcement power, they do not monitor business activity.
6.BBBs usually act only as mediators and do not force a business to settle.
7.Many consumers can settle problems by contacting, or threatening to contact, the media.
8.A consumer complaint to a professional association may result in pressure on, or dismissal of, the offending member.
9.Some states and local governments have consumer protection groups.
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10.Consumer protection groups are always located within the state attorney general’s office.
UNIT 8. Taking Your Case to Court
1. Сomplete the sentences, using the appropriate words:
a – designed; b – costly; c – guardians; d – action; e – a fine; f – position; g – fraud; h – damages; i – jail term; j – time–consuming.
1.Your complaint may form the basis for a criminal … against the seller.
2.Minors can sue through their parents or… .
3.Criminal … occurs when a salesperson knowingly misstates or misrepresents some important fact, resulting in harm.
4.State laws provide … or … for a convicted defendant.
5.Taking a case to court can be … and … .
6.In civil court you can sue for… .
7.A suit for damages or specific performance is designed to place you in approximately the … you would have been in if the contract had been successfully completed.
8.A suit for rescission and restitution is … to return both the buyer and the seller to the positions they were in before the contract began.
2.Are the statements true (+) or false (–)? Correct the false statements.
1.Whether or not a crime is involved, you may wish to take your case to civil court.
2.A seller’s action is never a crime.
3.In case you’re the victim of a crime you should contact the police or your local prosecutor.
4.If a civil dispute involves a large amount of money, the case will be brought in criminal court.
5.In some places high–cost legal services may be available to consumers who cannot afford an attorney.
6.If you sue for damages, you ask the court to order the seller to carry out the specific terms of the agreement.
7.Specific performance is an order to pay to a person who has suffered a loss or an injury.
8.If you ask to cancel the contract it is called restitution.
9.Rescission is an order to the person you are suing to give back any money you have already paid.
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UNIT 9. Small Claims Court
1. Сomplete the sentences, using the appropriate words: a – defective; b – continuance; c – handle; d – fill out; e –
inexpensive; f – judge; g – decision; h – subpoenaed; i – hearing; j – in advance.
1.Filing a suit in small claims court is very ….
2.The clerk will be able to determine if the court can … your claim.
3.You’ll be required to … some forms and pay a small filing fee.
4.Prepare for your case … .
5.The court will notify the defendant of the date and place of the … .
6.If a … product is involved, be sure to bring it along, if possible.
7.Uncooperative witnesses can be … .
8.A postponement is also called a … .
9.Once your hearing begins, the … will ask you to tell your story.
10.After both sides have presented their stories, the judge will make a … .
2.Are the statements true (+) or false (–)? Correct the false statements.
1.In the early 20 century, court reformers recognized that the typical civil court was too fast, cheap, and easy for many minor cases.
2.Today, every state has a small claims court, where you can sue for large amounts of money.
3.Filing a suit in small claims court involves five general steps.
4.The amount you ask for should be based on the profit you made.
5.You should gather all the evidence necessary to present your case.
6.Contact all witnesses to be sure they come to court.
7.Uncooperative witnesses can be ordered to appear in court.
8.It is a bad idea to practice presenting your case to a friend beforehand.
9.If for any reason you can’t be on time for court on the date scheduled for the hearing, call the court clerk to ask for a postponement.
10.Tell your story by presenting your facts, witnesses, and any evidence you may have, try to be emotional.
Achievement Test 1 (Units 1–9)
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Find suitable answers to these questions (sometimes more than one answer is possible):
1.What is law?
A – The rules and regulations made by the government that regulate and enforce the conduct of people within a society.
B – The rules and regulations made and enforced by the government that regulate the conduct of people within a society.
C – Unwritten rules that regulate people’s conduct.
D – The rules and regulations made and enforced by the people that regulate the conduct of government within a society.
2. What kinds of law do you know?
A – Felonies and misdemeanors. B – Criminal and civil action.
C – Criminal and civil laws.
D – Felonies, misdemeanors, civil action, criminal and civil
laws.
3.What goals do we expect our legal system to achieve?
A – protecting basic human rights, helping resolve conflicts, promoting order and stability, representing the will of the majority, and protecting the rights of minorities.
B – protecting basic human rights, promoting fairness, helping resolve conflicts, promoting order and stability, protecting the environment, representing the will of the majority, and protecting the rights of minorities.
C – protecting basic human rights, promoting fairness, helping resolve conflicts, promoting order and stability, protecting the environment, representing the will of the majority.
D – promoting fairness, helping resolve conflicts, promoting order and stability, protecting the environment, representing the will of the majority, and protecting the rights of minorities.
4.What values do you know?
A – moral, economic, political, social. B – economic, political, social.
C – moral, economic, political, social, national.
D – moral, economic, international, political, social.
5. What is caveat emptor?
A – consumer law.
B – let the buyer beware. C – legal agreement.
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D – a person who buys goods and services for personal purposes.
6.What factors influence consumers?
A – advertising.
B – need of the product. C – desire for the product.
D – possibility to buy the product.
7.The Consumer Product Safety Act, the Nutrition Labelling
and Education Act and the Americans with Disabilities Act protect the consumer under:
A – federal law; B – state law; C – local law;
D – local and federal law.
8.What is necessary to do before buying?
A – Learn as much as possible about the product.
B – Read about various brands and ask friends for recommendations.
C – Make your purchase on impulse. D – Read and compare warranties.
9. What is not wise to do after buying?
A – to inspect the product.
B – to read and follow the instructions.
C – try to fix the product yourself if you experience a problem with the product.
D – if the seller refuses to help, contact the product’s manufacturer.
10. What agencies and organizations can help consumers with complaints?
A – consumer groups.
B – Better Business Bureau. C – media.
D – professional associations.
11.What civil remedies can be provided?
A – specific performance. B – damages.
C – rescission and restitution. D – jail term.
12.Small claims courts are
A – inexpensive.
B – slow.
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C – complicated.
D – expensive.
UNIT 10. Door–to–Door and Telephone Sales
1. Complete the sentences, using the appropriate words from the box:
Cancel; deceptive; smooth talk; cooling-off period; legal; cautious; high-pressure.
1.Some door–to–door salespeople use … tactics and … to get you to buy things that you otherwise wouldn’t buy.
2.During “cooling–off” period consumers can notify door–to– door sellers in writing that they wish to … the contract.
3.Consumers should be … regarding sales offers made by telephone.
4.The … of three days does not yet apply to telephone sales.
5.Unless …, referral sales are generally ….
2.Are the statements true (+) or false (-)? Correct the false statements.
1.Most door–to–door salespeople are dishonest.
2.Many fraudulent schemes are conducted by telephone.
3.A telephone salesperson may not only fail to send what you order but may also make additional purchases using your credit card number!
4.A seller may convince consumers that they can save money by referring the seller to other customers.
5.The agreement usually provides savings to the consumer only if the potential customers do not buy the product.
UNIT 11. Advertising and the Consumer
1. Complete the sentences, using the appropriate words from the box:
Persistent; confuse; puffing; desire; exaggeration; prohibited; widespread; enforce; mislead; controversial; intrusive.
1.The United States has always been a commercial society; but in recent years, advertising has become more ….
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2.Advertising has also become more … and ….
3.One of the most … types of advertising involves tobacco.
4.In 1972, tobacco advertising was … on radio and television.
5.Although ads can be helpful, they can also …, deceive, and ….
6.Ads try to create a … for products that consumers don’t really need or want.
7.Laws that prohibit false or deceptive advertising are difficult to …, and deception can take many forms.
8.The difference between illegal advertising and … may be small, so consumers should be on guard.
9.If an ad tends to mislead about an important fact concerning the product, it is illegal; but if the ad is merely an …, it is probably puffing and legal.
2.Are the statements true (+) or false (-)? Correct the false statements.
1.The United States has always been a commercial society; but in recent years, advertising has become less widespread.
2.Advertising has become more persistent and intrusive.
3.Courts have ruled that government may regulate but not prohibit certain types of advertising.
4.More people die from smoking each year than from AIDS, accidents, fires, homicides, suicides, and drunk driving combined.
5.Ads are always helpful, they never mislead, deceive, or confuse.
6.Ads try to create a desire for products that consumers don’t really need or want.
7.Corrective advertising means that the advertiser must admit the deception in all future ads for a specified period of time.
8.The difference between illegal advertising and puffing is vague.
9.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.
UNIT 12. Ads that Appeal to Our Emotions
1. Complete the sentences, using the appropriate words from the box:
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Associate; recommended; technique; seeing is believing; promotes; brand name; advertising.
1.Legal … influences people to buy things they really don’t want, need, or know much about.
2.Some ads … products with popular ideas or symbols, such as family, motherhood, wealth, or sex appeal.
3.The bandwagon approach is a technique that … the idea that everybody’s using the product.
4.Ads for certain medicines include the phrase, “… by doctors.”
5.A common television technique is based on the notion that … .
6.Some advertisers have been successful in getting consumers to connect one … with a certain product.
7.Whatever … advertisers use, you should learn to separate the product from the characters and images in its ads.
2.Are the statements true (+) or false (-)? Correct the false statements.
1.For many consumers, the biggest problem is false advertising.
2.Many ads try to sell products by appealing to the emotions.
3.The bandwagon approach is a technique that involves having famous athletes or movie stars advertise the product.
4.Other ads try to convince consumers by resorting to the claims of authorities, such as doctors.
5.A common radio technique is based on the notion that seeing is believing.
6.Some ads appeal to emotion simply by trying to make us cry or feel bad.
7.If ads include catchy musical jingles, consumers remembered the jingle but not the product.
8.Because of many techniques advertisers use, it is always difficult to separate the product from the characters and images in its ads.
UNIT 13. Bait and Switch Technique
1. Complete the sentences, using the appropriate words from the box:
Bait; loss leaders; disparage; “switch”; violating; insincere offer.
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1.The bait–and–switch sales technique involves an … to sell a product on terms that sound almost too good to be true.
2.The … is used to get the buyer into the store.
3.The seller tries to … the consumer to a more expensive item.
4.Salespersons who use the bait–and–switch technique are told to …, the advertised product and then refer the consumer to a higher–priced item.
5.Sellers can legally advertise specials at very low prices to get customers into their stores without … the bait–and–switch law.
6.The items offered in these specials are referred to as …, because the seller may lose money or make very little money on them.
2.Are the statements true (+) or false (-)? Correct the false statements.
1.Once the consumer is in the store, he or she finds that the product is much more appealing than expected.
2.On some occasions, the product may not be available at all.
3.The seller then tries to “switch” the consumer to a cheaper item.
4.As encouragement, the seller may be given a higher commission if he sells the lower–priced item.
5.If state law prohibits bait and switch, a consumer may be able to cancel a contract with a seller when the seller has used this technique.
6.Sellers can legally advertise specials at very low prices to get customers into their stores.
7.The items offered in these specials are sometimes referred to as loss leaders, because the seller may make very little money on them.
UNIT 14. Shopping by Mail
1. Complete the sentences, using the appropriate words from the box:
Monitors; watch out; shipped; commitment; comply; convenient.
1.Mail–order shopping is … .
2.According to federal law, you have a right to know when you can expect merchandise to be … .
3.Sellers must … with the promises in their ads.
4.The Federal Trade Commission … compliance with the mail– order rule.
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5.Consumers should … for ads sent through the mail offering
“free” items in exchange for subscriptions or memberships.
6.Offers of free items almost always require a … to purchase other items in the future.
2.Are the statements true (+) or false (-)? Correct the false statements.
1.Some consumers shop by mail.
2.Items offered by mail may cost less, and some items may be available that are not available in local stores.
3.Mail–order shopping never causes problems.
4.If no shipping date is stated, the merchandise must be shipped within 31 days of the seller’s receipt of your order.
5.The Federal Trade Commission monitors compliance with the mail–order rule, which also applies to purchases made by telephone.
UNIT 15. Contracts
1. Complete the sentences, using the appropriate words from the box:
Infers; elements; cosign; competent; ratified; back out of; valid; remedy; affect; terms; enforceable; agreement.
1.A contract is an … between two or more persons to exchange something of value.
2.If one party to a contract does not carry out the promise, the other party is entitled to a … .
3.To protect yourself as a consumer, it is important to understand how contracts are formed and how they … your rights.
4.A legally binding contract must have certain … .
5.The two parties must agree exactly to the … of the contract.
6.The law … agreement from certain actions, such as signing a contract or beginning to carry out the terms of the bargain.
7.In every … contract, there must also be an exchange of consideration.
8.People entering into a contract must be legally … to make contracts.
9.Agreements to do something illegal or against public policy are not … in court.
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