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Темы:

Тема 1. What is Law? (Что такое закон?)

Тема 2. Law and Values. (Закон и ценности.)

Тема 3. Consumer Law (Закон о правах потребителя)

Тема 4. How Laws Protect the Consumer. (Как законы защищают потребителя.)

The distinction between Public and Private Law is a purely academic debate, nevertheless, it also affects legal practice. There are areas of law, which may not fit into distinction of Public or Private Law. Study the following case: An employment inspector investigates workplace safety, checking all the equipment. The inspector investigates workplace incidents, and conducts workplace inspections to evaluate compliance. Decide whether it falls into the category of Public or Private law.

· It falls in the category of Private law as considers the interests of the individuals

· It falls in the category of Public law as considers the interests of the society

· It falls in the category of Public and Private law as considers the interest of the society and the individuals

Analyze the following case: Therapist sent a third billing notice to a slow-to- pay client’s fax machine in her office but client did not report to work that day. The bill was titled “psychological services rendered” and handwritten in large print was “Third Notice – OVERDUE!!” with client’s name. This notice sat in an open access mail tray of the busy office all day. Was is reasonable? Is it allowed to send private material in such a manner?

· Therapist could have failed to know that many people have access to the fax machine in a busy place of business. Private material should not be faxed unless it is known that the intended recipient will be retrieving the information

· Therapist could use any address provided by the client. Private material should be faxed or send by e-mail

· Therapist should have known that many people have access to the fax machine in a busy place of business. Private material should not be faxed unless it is known that the intended recipient will be retrieving the information

Rachel buys a commercial welding machine for her building business. A few weeks later, it breaks down. Can Rachel get a remedy from the store he bought it from?

· No, she can’t. The Consumer Guarantees Act only applies to products and services that are usually for household or personal use

· No, she can’t. The period for return / refund is 1 week

· Yes, she can. The Consumer Guarantees Act applies to all products and services

You are a lawyer. In Liza’s electronics shop in the Russia Federation Ivan buys an expensive TV-set. Three weeks after the 12-month manufacturer’s warranty expires, the TV-set stops working. Must Liza give Ivan a remedy?

· Yes, she must. Although the warranty has expired, a customer can expect an expensive product to last a reasonable amount of time before any faults or problems appear

· No, she doesn’t have to. The warranty has expired, a customer can’t expect any remedies

· It depends on the defect. Ivan is entitled to a free TV-set examination

Mary had therapy sessions. She found out that the psychologist sent copies of her case notes to the insurance carrier responsible for reimbursement and that therapist should not have revealed this information. Client reported psychologist to the APA Ethics Committee for violating confidentiality principles. Psychologist explained to Ethics Committee that any client understands that their confidentiality may be breached when using an insurance company for third-party reimbursement due to administrative and professional peer review. Nonetheless, psychologist never informed client of this risk before therapy began, rather, he assumed client “must understand” the protocol. Think of the Ethics Committee adjudication.

· The Ethics Committee determined that psychologist didn’t violate the confidentiality ethical standard by not informing client of the limits of confidentiality prior to treatment

· The Ethics Committee determined that psychologist violated the confidentiality ethical standard by not informing client of the limits of confidentiality prior to treatment

· The Ethics Committee determined that psychologist didn’t violate the confidentiality ethical standard as there is non-confidentiality prior to treatment

Judy owns a clothing retail store. One of her customers returns a T-shirt because it doesn’t fit her. Does Judy have to give her customer a different size or a refund?

· No, she doesn’t. Retailers aren’t responsible if a customer has a change of mind or circumstances. Judy may think of more flexible exchange policies to foster better customer relationships

· Yes, she does. Retailers are totally responsible if a customer has a change of mind or circumstances

· Yes, she does. Retailers are responsible if a customer has a change of mind or circumstances. Judi must order a new T-shirt that may fit the customer

Meghan is an interior designer. A supplier installs a gondola incorrectly and it breaks a month later.Who must fix the problem?

· Meghan as her customer hired Meghan. It was not her supplier. Meghan must fix any problems. However, Meghan can ask her supplier for compensation or repairs

· Shelving manufacturer must fix the problem

· Supplier who installed the unit, as it was his duty under the contract

Susan buys a cup of coffee and accidentally spills it at Kate’s bar. What must Kate do to fix the problem?

· Replace the drink as businesses are responsible for problems or faults caused by a customer after purchase

· Provide a discount for one more drink. Businesses are partially responsible for problems or faults caused by a customer after purchase

· Nothing. Businesses aren’t responsible for problems or faults caused by a customer after purchase

The defendant had voluntarily consumed drugs to calm his nerves. Under the influence of the drugs, he had started shooting in the cottage in which he had been living, but claimed to have been unable to remember anything after taking the drugs. The defendant was convicted of causing criminal damage being reckless as to whether life would be endangered, following the trial judge’s direction to the jury that self-induced intoxication was not available by way of defence to a basic intent crime. The defendant appealed.What is the Court’s decision?

· The conviction was not quashed on appeal on the grounds that he could have expected that dangerous drugs would have that effect upon him

· The conviction was quashed on appeal on the grounds that he could be expected to anticipate that drugs would have that effect upon him

· The conviction was quashed on appeal on the grounds that he could not be expected to anticipate that drugs would have that effect upon him

Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained.What is the guiding principle of Common-law legal systems? What is the idea behind?

· The principle of stare decisis means that a court should apply previous court decisions to similar future cases

· The objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt

· The principle of mens rea (lat.) is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes

Imagine that in 2024 you will be president of your country.What branch will you represent? What will be your powers?

· The head of the executive branch. I would sign bills into law, veto bills from becoming laws, negotiate treaties with foreign countries, enforce the courts’ decisions

· The head of the executive branch. I would interpret state laws, veto bills from becoming laws, negotiate treaties with foreign countries, settle legal disputes

· The head of the executive branch. I would sign bills into law, hear civil cases, negotiate treaties with foreign countries, enforce the courts’ decisions

Ben, who is 19 years old, applies for a job as a clerk in a goods store. The store manager is impressed with Ben's speaking skills and says that he would like to hire him, subject to reference checks. Later, the manager calls Ben and says that he will not be hired. On checking his references with a former employer, the manager found out that Ben was convicted of careless driving.Has the store manager violated Ben's human rights by refusing to hire him?

· Yes, the manager has violated Ben's human rights. Discrimination in hiring based on having a record of ground is prohibited

· No, the manager didn’t violate Ben’s human rights as Ben’s offence is related to the job duties he would have to do

· No, the manager didn’t violate Ben’s human rights as it’s up to the manager to decide who should be hired and who should not

Stacy and several of her friends play in a women's hockey league at the skate rink. Quite frequently, the male rink attendants don’t give them their full allotted ice time. The attendants make jokes on the women. Stacy thinks that their rights are violated. She has even complained but the manager has done nothing and supported men.Have the rink attendants violated the young women's human rights?

· Yes, the rink attendants and manager have violated the young women's rights. It is discrimination based on gender or sex (ground). Every person has a right to equal treatment with respect to services, goods and facilities without discrimination because of ¼ sex

· No, the rink attendants and manager have not violated the young women's rights. They took part in so-called “man’s game”, so they should get accustomed to the above-mentioned behavior

· Yes, the rink attendants and manager have not violated the young women's rights. They took part in so-called “man’s game”, so they should get accustomed to the above-mentioned behavior

Susan is an Asian-American. She wanted to continue her studies at a local public college but her application was rejected. Susan has grounds to suppose that it was because of her ethnic origin. She filed suit against the college. What law is applied in such a case?

· It is Constitutional law because it the constitutional rights were violated

· It is International law because Susan is an Asian-American

· It is Constitutional law as it can be applied to any cases

The defendant decided to kill his sister. He bought a knife and a bottle of strong alcohol which he drank to give himself “Dutch Courage”. Then he killed his sister. He subsequently claimed that he was so drunk that he did not know what he was doing, or possibly even that the drink had brought on a latent psychopathic state so that he was insane at the time of the killing.What was the Court’s decision?

· The Court held that intoxication could not be a defence in either case as the intent had been clearly formed, albeit before the killing took place

· The Court held that intoxication could be a defence in either case even if the intent had been clearly formed

· The Court held that intoxication could not be a defence in either case as the intent had not been clearly formed, albeit after the killing took place

The constitution is the main legal act of the State. It lays down the formation of a system of society and establishes the state structure, the order and justification of the idea of representatives, executive and judicial authorities, the electoral system, the rights and obligations of the state, society and citizens.Can it be argued that any constitution is the constitution of a state or society exclusively?

· It can hardly be argued that any constitution is the constitution of an exclusively state or society. As the practice of the vast majority of countries shows, constitutions also determine the initial provisions that characterize a certain social system, property system, socio-economic and political relations, and the level of spiritual life of the country

· It can be argued that any constitution is the constitution of an exclusively state or society. As the practice of the vast majority of countries shows, constitutions do not determine the initial provisions that characterize a certain social system, property system, socio-economic and political relations, and the level of spiritual life of the country

· It can hardly be argued that any constitution is not the constitution of an exclusively state or society. As the practice of the vast majority of countries shows, constitutions do not determine the initial provisions that characterize a certain social system, property system, socio-economic and political relations, and the level of spiritual life of the country