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Text r. excerpt from the Equal Pay Act 1970

(4) A woman is to be regarded as employed on like work with men if, but only if, her work and theirs is of the same or a broadly similar nature, and the differences (if any) between the things she does and the things they do are not of practical importance in relation to terms and conditions of employment; and accordingly in comparing her work with theirs regard shall be had to the frequency or otherwise with which any such differences occur in practice as well as to the nature and extent of the differences.

Text 2: excerpt from a case briefLower pay for woman professor violates Equal Pay Act

Description: Appeals courl upheld a verdict in favor of a woman professor who contended she was paid less than men professors who had similar backgrounds and duties. While the professors who were compared were not identical, they were similar enough to indicate a pattern of pay disparity based on sex. (...)

Decision: Affirmed. To establish a violation of the Equal Pay Act, the plaintiff need not demonstrate that her job is identical to a higher-paid position, but only must show that the two positions are substantially equal in skill, effort and responsibility. The fact that male professors used for comparison did not have positions identical to hers is not critical; they were in the same unit and had similar responsibilities. Lavin presented sufficient evidence to show, through statistical evidence, that male professors of similar rank, years of service and background were paid more. Statistical evidence of gender-based salary disparity across the college could be used to enhance her case.

Citation: Lavin-McEleney v. Marist College, 239 F.3d 476 (2nd Cir., 2001)

Text 3: excerpt from job advertisement for the position Chiara Dohnson applied for

GLOBAL LAW FIRM expands intellectual Property Practice group. Work wiili two partners willing to mentor and offer unlimited career growth possibilities. Two to live years' experience in intellectual property with either electrical engineering, computer engineering, or computer science undergrad; prefer patent bar. Job responsibilities include patent litigation and prosecution matters.

Salary is higher than the paid national average for associates. Firm pays all relocation costs. Firm allows applicants to take required state bar: firm cover coses for prep coarse. Job openings in Atlanta, DC and New York.

Case Study 3 Employment law


Answer key


Unit i

1 1 criminal law, contract law, tort law, land law, equity and

trusts, administrative law and constitutional law

2 company law, commercial law, and litigation and
arbitration

2 1 F Family law is usually an optional course in the UK.
2T

3 F Law clinics give law students the opportunity to learn about the day-to-day work of a lawyer.

4 F Today, commercial law firms expect recruits to have a good command of English.

3 legal writing, legal research, legal practice, legal
assistance, legal community

law degree programme, law student, law practice, law clinic, law firm



6 The university is not in the UK. since this two-year
programme does not include some of the usual
compulsory courses in the UK, such as land law, equity
and trusts, and administrative law. Other indirect evidence
includes:

C -ize/-yze spelling (e.g. familiarize, analyze), which is

frequently (but not always) written with an s in British

English (e.g. familiarise, analyse); C the use o-" the serial comma (i.e. a comma before the

final and) in lists; C the mention of homicide, which is used more frequently

(but not exclusively) in American English to refer to

murder and other killings of people, including causing

accidental death, and impeachment, Q prominent mention of US institutions such as the

Uniform Commercial Code, state and federal courts

and the constitution.

7 1 Contract law 2 Tort law 3 Criminal law

4 Constitutional law 5 Legal research and writing

8 1 Introduction to law

2 Legal research and writing

3 Evidence

11 Heidi's course Pavel's course

(Speaker 1) (Speaker 2)

1 /

2 / 3/

 

4 / /

5 / /

6 /

13 lb 2c 3d, h 4a 5d 6d 7 f 8g, h 9e

14 1 more practical 2 best 3 more challenging

4 more time-consuming 5 most useful 6 easier

16 1 You do not need a law degree to enter the Graduate

Recruitment Programme, just a 2:1 degree in any subject. 2 Barker Rose will pay the full course fees for both the GDL and LPC plus maintenance of £6,000 during the GDL and £7,000 through the LPC study year.

17 1 Andrea wouldn't be suitable for Barker Rose, as they

only work in the field of commercial law. 2 Although Sandip only got a 2:2, the advertisement says that Barker Rose are willing to progress candidates


whose application otherwise demonstrates first-rate personal qualities and experience. He might be considered suitable due to his proven business skills and experience, but we cannot be certain.

3 Meral wouldn't be suitable, as candidates must apply by 31st July two years before the start of the training contract, and she wants to start next year.

4 Oren would be suitable. Barker Rose accept students of any discipline.

20 1 F (They are approaching their mid-term exams.)

2 NC (We are told that she is a graduate, but not what she studied.)

3 F (They have yet to become partners.)

4 T

5 F (There were seven lawyers in 1979.)
6T

21 1 £36,000

2 Associates receive a year-end bonus depending on the firm's overall profitability, how many hours they have worked during the year and how long they have worked for the firm.

3 A standard medical-benefits package, life insurance, a retirement plan and voluntary dental insurance.

4 1,800 to 2,000

5 Seven

 

22 la 2a 3b 4b 5b

23 1.2 1 lines 1-2 2 lines 5-7 3 lines 7-8 4 lines 8-12 5 lines 13-20 6 lines 21-29 7 lines 30-41

1.3 8 lines 1-7 9 lines 8-25 10 lines 26-37 11 lines 38-44 12 lines 45-53

24 1 Hello, everyone, and thanks for comingalong.

2 It's great that so many of you were able to make itthis morning.

3 OK, let me just start by introducingmyself.

4 I've been asked along to talk aboutthe ...

5 ... a programme I'm sure will be of particular interest to youas ...

6 It's right now that you needto ...

7 I rememberwhen I ...

8 I know from my own experiencethat...

9 There are three main pointsI'd like to cover today.

 

10 First, I'll start bygiving you a little information about Barker Rose. I'll then go on to outlinewhat we have to offer to new associates. Finally,I'll also talk a little about what we expect from our potential graduate recruits.

11 So, to start with,who are Barker Rose?

12 This brings me to my nextpoint: what...

13 This leads directly towhat ...

14 Let's now move on towhat we ...

15 To summarise.Barker Rose ...

16 Finally. I'd like to remind youabout what I said at the beginning of my talk today.

25 The presentation is not very formal, although the general
tone and subject matter remain serious throughout.
The speaker uses friendly, often quite colloquial or
informal language, e.g. It's great that so many of you were
able to make it this morning, OK


Language Focus

lie 2d 3e 4a 5b

2 1 legal 2 law 3 law; legal 4 legal; legal

3 a by; about b of; for c on; to d by e about; from f for g about; at h with i to; to

4 If 2d 3a 4c 5e 6h 71 8b 9g

Unit 2

2 An offer must be made and it must be accepted. In some legal systems, the parties must give (or promise to give) each other something of value.

3 The two remedies mentioned are damages and specific performance.

4 1 F (In most legal systems, parties must give ...)

2 F (An offer must be accepted before a contract is agreed.) 3T

4 F (A court may force the party to perform the contract.)
5T

5 1 formation 2 counter-offer 3 terms 4 oral contract

5 obligations 6 breach 7 damages

6 1 accept an offer, make an offer, reject an offer

2 breach a contract, form a contract, negotiate a contract, perform a contract

3 award damages, accept damages

4 file a lawsuit

 

7 enforce a contract, negotiate an offer

8 1a party makes an offer

a party accepts an offer a party rejects an offer a party breaches a contract a party performs a contract

2 the parties negotiate an offer the parties negot ate a contract the parties form a contract

3 the court enforces a contract the court awards damages

4 a lawyer files a lawsuit

a lawyer negotiates an offer a lawyer negotiates a contract

9 The term remedy refers to the means to achieve justice in
any matter in which legal rights are involved.

10 The most common remedy is damages.

11 The student is confused about the meaning of the word damages, which refers to money paid in compensation for a loss. He confuses it with the word damage.

12 3,5,6

 

15 1,5,6

16 Allow me to clarify is the most formal. A lawyer might use it with a client he/she does not know well, for example.

 

18 The general subject of the lecture is contract formation.

19 1 The speaker mentions the terms agreement,

consideration, negotiation, offer and acceptance. 2 The lecturer will talk about consideration in more detail next time.

20 1 agreement 2 consideration 3 legal 4 negotiations

5 accepted 6 price 7 communicated 8 silence
9 price 10 binding 11 consideration

22 1 vessel

2 The clause deals with the amount of notice needed to be given for the delivery of goods by ship.

3 buyer and seller

4 Probable readiness refers to the first date on which it is most likely that the buyer will make a ship available to the seller for the purposes of loading and transporting the goods that are the subject of the contract.

5 Shall means the same as must.

23 1 Decide on the date that the goods will be shipped (=


transported by ship). Clause 2a reads: The buyer shall nominate the date of shipment.

2 Notify (= tell) the seller of this date at least two weeks in advance. Clause 2a reads: The buyer shall give the seller at least two weeks' notice of probable readiness of vessel(s).

3 Notify the seller of the approximate quantity of goods to be loaded (= similar amount but not necessarily the exact final amount). Clause 2a reads: ... and of the approximate quantity to be loaded.

4 Arrange a port at which the goods can be loaded on to a ship. Clause 2b reads: Upon notification of probable readiness of vessel(s), the seller shall nominate a port forthe loading of goods.

25 1 Drexler.

2 Because Drexler breached one of the terms (clause 2a). As a consequence. Export Threads were unable to arrange for a port for the loading of goods.

3 No.

4 Yes.

5 If the term breached by Drexler was a condition. Export Threads could end the contract.

26 I don't understand:I don't see how...; I'm sorry, I don't

follow you. What exactly are you saying?

Giving an explanation:It's like this ...: in other words. ...;

I'll try to be a little clearer.

27 ale 2b 3a

c Where one party has, based on reasonable reliance upon the promises of another party, changed Its position, then it may be argued that there is an enforceable contract. In cases involving a chain of sales, several parties must rely on the performance by a third party / third parties of a collateral contract before they can perform their own contracts. The consequences of certain breaches may be so severe as to relieve the non-breaching party / parties of their contractual duties (i.e. the breached term may be found to be a condition, rather than simply a warranty).

28 2 If we offer a generous out-of-court settlement, they

might not sue us.

3 They might sue you if you breach the contract.

4 If you can assure us that such a breach will not happen again, then we might not take any further action.

5 I think we can/could work together again in the future.

6 If you raised your prices, we couldn't work together.

29 1 In paragraph 2, two days' notice should read two weeks'

notice.

2 In paragraph 2, a lorry for the transportation of goods should read a port for the loading of goods.

3 In paragraph 4, the courts would rule against you should read the courts would rule in your favour/ foryou.

4 In paragraph 5, renegotiate should read terminate.

 

30 la 2d 3e 4c 5b

31 I am writing to summarise our discussion and to confirm your instructions.

You told me that ...

You now wish to ...

The legal issue here is whether or not ...

Recent case law suggests that...

I will write a letter to ...

Please do not hesitate to contact me if you have any

questions.

With kind regards

Answer key


32 To: Joanna Staines

Subject: Burnett TV Supplies Dear Ms Staines

Thank you for coming to see me this morning to discuss your problems with Burnett TV Supplies. I'm writing to summarise our discussion and to confirm your instructions. You told me that Berlingua recently bought a new satellite system (including built-in hard drive) for educational use at 50% of the normal price from Burnett TV Supplies. This was to be used to record foreign-language TV programmes for use during lessons. When you first set the system up and tried to record, you realised that the timer function was broken. When you contacted Mr Burnett to ask for a replacement, you were told that you couldn't expect it to work perfectly at such a cheap price. They refused to replace the system, but did offer to repair it at a cost of £130. The law is very clear on problems such as yours. If a reduction is offered due to a defect in the product, this defect must be pointed out at the time of purchase. As Mr Burnett did not do this, you may claim either a full refund (at the price you paid) or a replacement system. Please couid you confirm which of the two options you would prefer? I will then write to Mr Burnett on your behalf. I am quite sure that he will see sense; he would have little or no chance in a small claims court. I look forward to hearing from you. Kind regards Susan Carter

Language Focus

i

 

Verb Abstract noun Personal noun Adjective
assign assignment assignor/assignee assigning
breach breach   (non-)breaching
negotiate negotiation negotiator negotiating
offer offer offeror/offeree
rely reliance   reliable

2 2 to; under 3 against 4 in 5 to; for 6 for

3 2 I don't follow you.

 

3 I don't understand that.

4 I don't know what that word means.

5 That doesn't make sense to me.

4 2 accepted 3 created 4 breached 5 claim

Unit 3

lalb2c 3a

bThe cases all have in common that people were harmed (either physically, emotionally or through suffering loss) due to the actions of another.

2 1 act 2 harm 3 party 4 damages

3 1 The two main objectives of tort law are to provide relief

for the loss or harm suffered and deter others from committing the same civil wrongs.

2 Some of the types of loss mentioned in the text are damage to property, loss of earnings capacity, pain and suffering, and reasonable medical expenses.

3 An injunction is a court order telling someone to stop doing something or compelling him/her to do something.

4 strict liability tort

41b 2e 3d 4c 5f 6a


 

5 1 civil wrong 2 injured party 3 monetary damages 4 medical expenses 5 fraudulent misrepresentation 6 contractual relations

6 Examples of assault include hitting a person with a stick or a fist, drawing a weapon, and throwing something with intent to wound or strike. Examples of negligence include

a local authority digging a hole in a public footpath and not taking steps to prevent people from falling into it, or when a building owner leaves dangerous electrical wires exposed. A person who enters another person's property or home without permission may be liable for trespass. 71b 2d 3f 4a 5c 6e

8 1 The name of the case is Palsgraf v. The Long Island

Railroad Company.

2 The defendant is the Long Island Railroad Company.

3 The claimant is Ms Palsgraf.

4 The defendant is alleged to have directly caused the injury suffered by the plaintiff/claimant.

9 1 The lower court found for the plaintiff/claimant.

2 The appellate court affirmed the judgment of the first court.

3 The court determined that the explosion of the fireworks was the proximate cause of claimant's injuries.

10 Sections 3 (Procedural History), 5 (Ruling) and

6 (Reasoning) all contain information about the decision of the highest court.

11 1 claimant/plaintiff 2 defendant 3 finds for 4 appeal

5 appellate court; court of appeals 6 affirms 7 reverses

12 The claimant was injured when a railroad employee caused
a package of fireworks in another passenger's arms to fall
on the train track. The resulting explosion caused some
equipment to fall, injuring the claimant. The claimant sued
the defendant, the railroad, for negligence. The trial court
found for the claimant. When the defendants appealed, the
appellate court affirmed the judgment of the first court. The
defendant appealed once more, and the Court of Appeals
reversed the decision of the first two courts.

14 Compensatory damages refers to money awarded to reimburse actual costs incurred by the injured party, such as medical bills and lost wages. Punitive damages is the term for money awarded to an injured person, over and above the measurable value of the injury, in order to punish the tortfeasor. In jurisdictions that allow punitive damages, these awards can often be significantly higher than those forgeneral damages.

15 1 He thinks the lawsuit is not to be taken seriously, and

that the amount of damages awarded is far too high for the injury suffered.

2 The claimant/plaintiff received third-degree burns from spilled coffee.

3 McDonald's refused to settle because they most likely thought the claimant/plaintiff could not win the case, as in other cases the courts had ruled that coffee burns were an open and obvious danger.

4 At first, Liebeck was awarded $200,000 in compensatory damages, which was then reduced by 20% to $160,000. The judge also awarded her $2.7 million in punitive damages, which was then reduced to $480,000.

5 It is not known how much she finally received in damages, but it is thought that the amount was under $600,000.

 

16 1 settlement 2 defendant 3 found for 4 awarded 5 damages 6 punitive 7 appealed

17 1 The serious purpose of the Stella Awards might be that

they question whether those involved in the cases are using the courts to achieve justice for the injured parties. or whether they are simply trying to take advantage of the so-called 'compensation culture' to get money from anyone they can.


18 1 (law) students and qualified lawyers

2 no

3 interviewing, negotiating and advocacy

19 1 tribunal 2 litigant(s)-in-person (US: pro se) 3 advocacy

21 1 a laptop (computer)

2 One of the pixels was burned out (not working).

3 Under the terms of the guarantee, seven pixels had to be burned out before the laptop would be replaced. Charles's laptop had only one burned-out pixel.

4 One option would have been first to threaten and then to seek legal advice. Charles might also have complained to a consumer organisation. In some jurisdictions, media sources carrying advertisements have an obligation to follow up complaints arising from problems with their advertisers, so this might have been afurther option.

22 1 Charles threatened to write to as many mailing lists

aspossible to tell people not to buy computers from Carmecom.

2 Charles stood outside and told potential customers about his experience with Carmecom. He also told Ihem not to buy anything from the store, as their computers were 'rubbish' (poor quality).

3 Charles has to sign a retraction or he will be sued for defamation.

23 Nick's questions

1 ... could you first tell me what happened?

2 And there was a problem with it?

3 So you took it back to the shop?

4 What did they say?

5 And you didn't accept this?

6 Did you see the laptop working in the shop before buying it?

7 So what did you do when they refused to replace it?

8 Unless they replaced the laptop?

9 Did you leave the shop without the laptop?

 

10 What do you mean?

11 To hurt Carmecom0

12 You didn't just want a replacement?

13 Anyway, what happened next?

14 How did they react to this?

15 So they asked for your address - is that right?

16 What did the letter say exactly? Charles's questions

17 ... are you one of the lawyers?

18 Could I see a lawyer, please?

19 Can't I just speak to a lawyer directly?

 

24 1 c 2 a 3 b

25 1 If I don't sign the retraction, will I have to go to court?

 

2 How long do you think a trial would last?

3 What would be my chances of winning?

4 Would I have to pay anything for my defence?

b What are the consequences if I lose the case? 6 Do you think there is a chance of me getting a new computer?

26 This is the most likely grouping. In some cases (e.g. k),
an argument may be made for having a point in more than
one section.

1 i 2b,d,g,j

3 a, e, h, k

4 c, f, k, I

 

27 Ideas for this task are discussed in the answer to Exercise 28.

28 Generally speaking, Nick did well, especially considering the fact that he is a student volunteer and not a trained lawyer. Nick may have got more information earlier on from Charles had he used more open questions, e.g.


when Nick asked So you took it back to the shop? Charles's response was fairly brief, and Nick then had to ask a second, open, question in order to find out exactly what happened. Open questions allow the client to tell the story in their own words; the less this flow is broken, the more information the client is likely to give. Nick could have used active listening techniques to periodically summarise what had been said. Although he didn't do this, he did seek confirmation where necessary. Towards the end of the interview, Nick seemed to make a subjective judgment on Charles's behaviour, which caused Charles to become defensive: Nick: Well, they're probably just trying to stop you from

taking your campaign any further. Charles: It's hardly a campaign!

At the start of the interview, it seemed that Charles might be adifficult client; Nick handled this well, and gained Charles's confidence early on.

29 1 Defamatory describes a statement or action that injures

a person or a company's reputation. 2 He must sign a retraction by a given date.

30 Charles went straight to the front of a queue of shoppers.
Charles demanded a refund immediately (and not a
replacement).

Charles dropped a bag containing the computer onto the

cash desk.

Charles shouted (alleged defamatory) statements as he

left the shop.

Charles was carrying a second bag from one of

Carmecom's competitors. (The implication here is that

Charles bought the same laptop at a different shop for

less money - which is the real reason that he wants his

money back for the computer he bought at Carmecom.)

Carmecom have lost business due to Charles's actions

(during the interview, this is what Charles said he wanted).

31 Nick should begin with an open question:

How would you answer the allegations made in the letter?

He should then ask more specific questions to find out

more detailec information on particular points:

Exactly what allegations did you make against Carmecom?

He would finally use a closed question to confirm his

understanding or check particular points:

Was this allegation true?

32 1 tort 2 statement 3 Libel 4 Slander

34 As the advice given will be dependent on the true facts of the case, it is important that the lawyer finds out exactly what happened. Depending on the facts, the lawyer may advise Charles to sign the retraction to avoid further legal action. However, assuming that Charles' version of events was accurate, Charles could raise a 'justification by truth' defence to the allegations of defamation (should the case proceed to trial). Charles could then make a counter-claim in order to pursue his demands for compensation for the faulty laptop. Alternatively, Charles could simply deny the facts. However, should the case then go to court, this might be a difficult defence to prove, as he has already admitted some of the allegations.

35 d, c, a, e, b

36 Dear Sirs


Date: 2015-12-24; view: 1103


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