Taking your case to court

Suppose you are a victim of crime and you can’t settle your complaint and a consumer agency has been unable to help you. Sometimes your complaint may form the bases for a criminal action against the seller. Furthermore, whether or not a crime is involved, you may wish to take your case o civil court. Anyone can go to court. Minors can act through their parents or guardians

Criminal Court. In some cases, a sellers action may be a crime. Such action can be prosecuted as criminal fraud. Criminal fraud occurs when a salesperson knowingly misstates or misrepresents some important fact, with the intent to defraud you, resulting in harm.ё

Civil Court. If a civil dispute involves a large amount of money, the case will be brought in the local trial court. Taking a case to court can be costly and time-consuming. In some places, though, free or low-cost legal services may be available to consumers who cannot afford an attorney.

In civil court you may ask for a number of different remedies. First, you can sue for damages, money that a court orders paid to a person who has suffered a loss or an injury. For example, if you are injured by a defective power drill, you can ask for money for a new drill, medical expenses, time lost from your job, and other related costs. The second remedy is rescission and restitution. The third civil remedy is specific performance.

Слова и выражения:

Complaint (n,C) - жалоба

Minors (adj.) - малолетний

Guardian (n,C) – опекун

prosecute (v) – преследовать судебным порядком, обвинять

fraud (n,С/U) – мошенничество, обман

intent (v) - намереваться

defraud (v) – обманывать, выманивать

harm (n,U) - вред

attorney (n,U) – поверенный

remedу (n) – средство, лекарство, (for) против

an injury (n) – оскорбление, повреждение, рана

power drill – электродрель

II. Ответьте на следующие вопросы.

1.What do you do if you can’t settle your complaint and a consumer agency has been unable to help?

2. When and who can take a case to civil law?

3. What can be prosecuted as criminal fraud?

4. When does a criminal fraud occur?

5. When are cases brought in the local trial court?

6. How can you characterise a procedure in trial court?

7.What remedies can you ask for in civil court?