Law 15.1

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“A Civil Action” Assignment

(test grade)

• Write a 3 paragraph paper on the movie “A Civil Action”

– Insert a header: Name, A Civil Action, Date

– Paragraph 1: Summary of the movie

– Paragraph 2: Challenges of being a lawyer and the reasons it is

“more than just about the money”

– Paragraph 3: Reasons you would or would not like to be a lawyer

– Grading Guidelines

• Header

• One full page

• Size 12 Times New Roman or Callibri

• Double Spaced

• 3 paragraphs

15-1

Protection through Government

Action

Consumers Protected by Government

• Consumer-individual who acquires goods that are intended primarily for personal, family or household use

Consumer Caveats

• Caveat emptor—let the buyer beware

• Caveat venditor—let the seller beware

Class Actions

• Class actions—allows one or several persons to sue not only on behalf of themselves but also on behalf of others similarly wronged

Governmental Procedures

• Cease-and-desist --an order requiring the company to stop the specified conduct

• Consent order—a voluntary, court enforceable agreement to stop an illegal or questionable practice

• Restitution—which permits a party to a contract to recover money or property given to the other party

Protection Against Inferior Services and Goods

• Licensing—professions: doctors, nurses, teachers, pharmacists, realtors, insurance agents…etc.

– Businesses: hospitals, private schools, insurance companies

• Unsafe Products—

– CPSC—Consumer Product Safety Commission—issues safety standards for most consumer protection

– FDA—Food and Drug Administration—requires production facilities be clean

• Adulterated—products that do not meet the minimum standards for purity and quality set by the FDA

Protection Against Unfair Trade

Practices

• Unfair trade practice—any method of business that is dishonest or fraudulent or that illegally limits free competition

– Federal Trade Commission Act: prevent unfair trade practices in interstate commerce (business conducted between two or more states) and intrastate commerce (business conducted within one state)

• Competition—keeps prices low for consumer, price fixing is illegal

Samples of Unfair Trade Practices

• Price fixing

• Misleading Advertising

• Illegal lotteries

• Unfair Pricing

• Mislabeled goods

• Bait and Switch—improper business practice involving luring buyers to the store with an understocked, low priced good and then redirected them to a more expensive product

– Not deceptive if number of item is stated

• Corrective Advertising-requires the advertiser to admit the wrongdoing and state the truth in prescribed number of future advertisements

ILLEGAL LOTTERIES

• Confidence games—fraudulent device whereby the victim is persuaded to trust the swindler with the victim’s money or other valuables in hopes of a gain (pyramid schemes)

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