Legal brief

Discrimination is unfair treatment or denial of normal privileges to people because of their race, age, sex, nationality or religion. In this case, the US appeal judges were asked to decide if the unfair treatment had been so bad as to warrant an extremely stiff penalty (punitive damages), which should deter others from similar behaviour. Note that each US state administers its own justice system but the system of appeals is from trial court to Appeals Court and then the Supreme Court, which is the highest appeal court in the US.

Ex. 4. Use an appropriate word or phrase from the box to complete each sentence.

limit punitive damages egregious circuit judge Act lawsuit settlement jury brief cap appeal federal rights

1. The amount of money awarded to a victim has a ……………….

2. The courts are in session at different times during the year in different places, so that the …………. can work in a variety of places.

3. When Parliament votes to pass a Bill it becomes an ……………..

4. There is no ………. on the liability of owners in a private partnership.

5. Many people think there should be a specialist ………. for complex fraud cases.

6. American citizens should study their ………. so that they know what laws protect them from abuse.

7. Damages set very high in order to deter others are called ……..

8. A special term for very bad behaviour in the US is ………… behaviour.

9. Every court decision may be sent for ……….. if circumstances justify it.

10. An out-of-court …………. id desirable if possible.

11. Anyone can bring a …………. against someone else if they feel they have suffered a wrong that cannot be settled easily.

12. A barrister cannot work in a court without a ………. from a solicitor.

Ex. 5. Match the opposites.

1. lawful a illegal

2. clarify b female

3. legal c unlawful

4. malice d one-off

5. preselection e confession

6. male f confuse

7. punitive g token

8. knock-on effect h kind intentions

9. discriminate against i fair job promotion procedures

10. denial j act fairly

Ex. 6. Complete these sentences with prepositions from the box.

up under against on to at

1. If she wins this case, awards and settlements could shoot ……...

2. The suits are brought …………. Title VII of the 1991 Civil Rights Act.

3. There may be a knock- …….. effect: other types of discrimination suits will be affected.

4. The decision will have a major impact ……. employers nation-wide.

5. Some companies may be subject …….. enormous claims.

6. The law caps damages ……… a certain sum of money, depending ……… the size of the company.

7. According ………. the researchers, juries often award punitive damages in cases where there has been discrimination ………. women in the workplace.

8. What kind of conduct could give a rise ………… punitive damages?

Ex. 7. Use an appropriate word or phrase from the box to complete each sentence.

however on the other hand if whereas should conversely might

1. The court could decide to award punitive damages for any justified complaint ………., if that happened, companies would soon go bankrupt.

2. On the one hand, the lower court may decide in favour of the plaintiff; …….. the appeal court may decide differently.

3. The verdict may be to limit all types of damages ……….., the verdict may be to award the maximum possible to deter others.

4. ………… they had not complained about the award, there would not have been an appeal.

5. A successful outcome for the company involved would be a limitation on the damages, ……….

a worst-case scenario would be that they have to pay punitive damages.

6. ……….. the worst come to the worst, the ADA …………. find themselves paying Ms Kolstad punitive damages – and others too, if they file suit!