Copyright The Product Shop 2013

Transcription

1 1 Copyright The Product Shop 2013

2 Use your mouse to move around the software. You can either click anywhere on the screen to get the next animation or click on a button if you see one on the screen. Always move the mouse before you click it. 2

3 Introduction Consumer law Race relations Human rights Age-related legislation The legal system 3

4 Introduction In a society without any form of law and order, we would have anarchy. With no rules, it would be difficult to: Trade Cooperate Plan Enforce order Live safely 4

5 Introduction In a society without any form of law and order, we would have anarchy. With no rules, it would be difficult to: Trade Cooperate Plan Enforce order Live safely Trade involves making a promise to provide something. The law sets out rules that people can rely on. If the rules are broken, recourse can be taken from the law. This makes trade easier. 5

6 Introduction In a society without any form of law and order, we would have anarchy. With no rules, it would be difficult to: Trade Cooperate If people cooperate, much can be achieved. Plan Enforce order Live safely It is easier to cooperate if everybody knows what is expected of them. If things are seen to be fair (equitable), cooperation is easier. 6

7 Introduction In a society without any form of law and order, we would have anarchy. With no rules, it would be difficult to: Trade Cooperate Plan Enforce order Live safely Looking towards the future and making decisions which you hope to affect the future is only possible if you have some idea of a stable, predictable future. This is only possible within the stable framework which is provided by a legal system. 7

8 Introduction In a society without any form of law and order, we would have anarchy. With no rules, it would be difficult to: Trade Cooperate Plan Enforce order Live safely If there are no rules for law enforcers to follow, the enforcement of order can, in itself, be unjust. History is littered with examples of the excessive use of force while order has been enforced. If order is not enforced, life is likely to be even more chaotic. 8

9 Introduction In a society without any form of law and order, we would have anarchy. With no rules, it would be difficult to: Trade Cooperate Plan The law protects us from harm more and more as technological advances are made. Enforce order Live safely 9

10 So how does the law have an impact on you? Introduction As consumers, you are protected by a lot of legislation that has been specifically made to protect the consumer. There are rules about the preparation, storage and sale of food. 10

11 So how does the law have an impact on you? Introduction As consumers, you are protected by a lot of legislation that has been specifically made to protect the consumer. There are rules about the safety of electrical goods. 11

12 So how does the law have an impact on you? Introduction As consumers, you are protected by a lot of legislation that has been specifically made to protect the consumer. There are rules about the goods which are sold by distance selling such as mail order and internet sales. 12

13 So how does the law have an impact on you? Introduction As consumers, you are protected by a lot of legislation that has been specifically made to protect the consumer. There are rules about the premises in which goods are sold. 13

14 So how does the law have an impact on you? Introduction The Race Relations Act is there to guard against the persecution of minority racial groups. There are still racial inequalities but the Race Relations Act has helped to reduce these inequalities. The Race Relations Act is there to help you. 14

15 So how does the law have an impact on you? The Human Rights Bill. Human rights set out the rights that you, as a human being, have. These rights are enforceable by law. As far back as 1215, all people in England were given the right not be imprisoned without a fair trial. This law was enshrined in the Magna Carta which was signed by King John at Runnymede. Introduction 15

16 So how does the law have an impact on you? Age related legislation. Introduction Age related legislation is aimed mainly at the young and the old. It covers such areas as employment. 100 years ago, many children under the age of ten worked long hours in hard, dangerous and tedious jobs. Now, the number of hours that a minor can work is strictly controlled by law. If you are under 16 years old, you are not allowed to work before 7.00 am or after 7.00 pm. 16

17 So how does the law have an impact on you? Age related legislation. Age related legislation is aimed mainly at the young and the old. It also protects against prejudice in the workplace against older employees and allows people to work beyond the normal retirement age in certain circumstances. Employees can ask their employer if they can work beyond the age of 65. Introduction 17

18 Introduction That was just a small selection of the areas of the law which impact on your life. The law impacts on every aspect of our lives: what we eat, going to work and school, our relationships and even what can be done with our bodies when we die. 18

19 Consumer law Why do we have consumer law? The fundamental reason for having consumer law is to protect the consumer. 19

20 Consumer law Laws include the Sale of Goods Act and the Trade Descriptions Act. These laws are in place to ensure that you can rely on: Quality Poor quality does not in itself make goods defective but the goods should be fit for purpose. If you buy a pen and it doesn't work, you have the right to have your money back. 20

21 Consumer law Laws include the Sale of Goods Act and the Trade Descriptions Act. These laws are in place to ensure that you can rely on: Price The price should be a fair price for what you are buying. 21

22 Consumer law Laws include the Sale of Goods Act and the Trade Descriptions Act. These laws are in place to ensure that you can rely on: Accuracy An advertiser cannot make claims for products which are not true. If the advert states that a cooker runs on electricity, then it should run on electricity. It would not be good enough to provide a customer with a gas cooker instead. 22

23 Consumer law Laws include the Sale of Goods Act and the Trade Descriptions Act. These laws are in place to ensure that you can rely on: Accuracy Equally, an advertiser cannot lie or make a false claim about a product. If the advertiser states that the product is made from steel, it should be made from steel! If it should be 15 cm wide and it is actually 16 cm wide, you have the right to your money back. 23

24 Consumer law Laws include the Sale of Goods Act and the Trade Descriptions Act. These laws are in place to ensure that you can rely on: Terms Generally, payment terms cannot change the price of the item. Vendors (people who sell things to you) can charge extra for credit card transactions but otherwise, prices are the same however you pay. 24

25 Consumer law Laws include the Sale of Goods Act and the Trade Descriptions Act. These laws are in place to ensure that you can rely on: Terms You may have been abroad and been offered a price with a receipt and a lower price if you do not have a receipt. That would be illegal in Great Britain (and probably illegal in most other countries too!). 25

26 Consumer law Laws include the Sale of Goods Act and the Trade Descriptions Act. These laws are in place to ensure that you can rely on: Terms If somebody is selling you something and will not give you a receipt, you should ask yourself why? There are several possible reasons for a vendor not providing you with a receipt which might include: 26

27 Consumer law The vendor is not declaring the sale to his or her employer The vendor is not declaring the sale so as not to pay VAT The vendor is not declaring the sale so as not to pay tax The vendor did not obtain the item that he or she is selling by legal means The item that the vendor is selling cannot be sold legally The item that the vendor is selling is not fit for sale We shall deal with each of these possibilities in turn. 27

28 Consumer law The vendor is not declaring the sale to his or her employer If the vendor is not telling his employer about the sale, it is most likely that he or she is pocketing the cash. This is quite simply theft. The vendor can be dismissed instantly and it is a criminal offence. 28

29 Consumer law The vendor is not declaring the sale so as not to pay VAT If a company sells items totalling over a certain amount (the VAT threshold) every year, the company must charge its customers VAT and hand a proportion of this over to the HM Revenue & Customs. This is one of the ways that the government obtains money to pay for things like defence and the National Health Service. It is against the law to withhold VAT. 29

30 Consumer law The vendor is not declaring the sale so as not to pay tax Similarly, tax has to be paid on the profit that a vendor makes from a sale. Again, it is against the law not to declare your sales correctly. If none of us paid tax and VAT, there would be no public services, no benefit system, no health system 30

31 Consumer law The vendor did not obtain the item that he or she is selling by legal means The item could be stolen. This could be goods stolen from somebody's house, hijacked from a lorry, brought in illegally from abroad or manufactured by illegal means. By purchasing such goods, you are creating a market which encourages more theft! 31

32 Consumer law The item that the vendor is selling cannot be sold legally This might be due to the nature of what is being sold such as people (people trafficking, unfortunately, does occur) or that the item cannot be sold to a particular purchaser who is, for example, under age. Alcohol and cigarettes cannot be sold to those under the age of

33 Consumer law The item that the vendor is selling is not fit for sale The item for sale may well not be fit for purpose, defective, past its sell by date or even broken. Items such as these can be purchased legitimately as scrap and then passed on to unsuspecting customers as legitimate goods. 33

34 Consumer law In all of these circumstances, receipts are not given in order to either: Make it more difficult to trace the vendor Deprive the consumer of his or her rights 34

35 Consumer law So what can you do if something does go wrong and as a consumer, you wish to complain? 35

36 Consumer law The first thing to do is to go back to the shop, with your receipt and make your case. 36

37 Consumer law If you get nowhere with the shop assistant, ask to speak to a manager. 37

38 Consumer law You can also write to the shop or the head office of the shop. 38

39 Consumer law Whatever you do, keep records of your communications. 39

40 Consumer law If you get no satisfaction there, you can, of course, take recourse to the courts. 40

41 Consumer law This can be done by engaging a solicitor but this will be expensive. It will only be necessary for disputes over large amounts of money. 41

42 Consumer law The small claims court is an inexpensive way to present your own case. The small claims court exists for disputes relating to small amounts of money. The small claims court is a much less formal environment than other courts. 42

43 Consumer law It is also a good idea to contact the Citizens Advice Bureau (CAB) who will give free advice on your problem. 43

44 Race relations Suppose that you hold an opinion about something it doesn t matter what. Suppose you have never really thought it through. Suppose your opinion is not based on reason at all. Suppose it is not even based on experience. That opinion is prejudice. 44

45 Race relations Suppose you decide to act on that opinion. Your behaviour will be unreasonable. Your behaviour will be unjust. Your behaviour will show prejudice. 45

46 Race relations Suppose that unjust and unreasonable behaviour causes harm. In the eyes of the law, that is prejudice. 46

47 Race relations is about the way members of different races within a country behave towards each other. In the past, certain groups of people, separated from the majority by their race, have been persecuted to a great extent. Race relations 47

48 Race relations Jews were persecuted by Nazis during the Second World War ( ) and in total some 6 million Jews were exterminated. Memorial to the heroes of the Warsaw Ghetto 48

49 Race relations In 1290, Edward the first of England expelled all Jews from England. This was the culmination of over 200 years of mistreatment. It was not overturned formally until

50 Race relations Racism is a belief that there are specific qualities, abilities and characteristics which can be attributed to each race. Racism is discrimination against or towards other races. 50

51 Race relations Where might racism be found? You might like to quickly reflect on where you think racism might be found and jot down a list. 51

52 Race relations Your list might include: At school At home In the street In the workplace 52

53 Race relations Your list might include: At school At home In the street In the workplace How do you treat people in your class who are from a different ethnic background than yourself? How do they treat you? Have you ever heard of problems which have started due to racial differences between pupils in schools? 53

54 Race relations Your list might include: At school At home In the street In the workplace How might racial prejudice occur at home? What could be the consequences of members of a family having racist views? Could this have an influence on children within the family? 54

55 Race relations Your list might include: At school At home In the street In the workplace Can you think of any occurrences of racism in the street? What issues might make racist incidents occur in the street? Should everybody be treated with equal respect? 55

56 Race relations Your list might include: At school At home In the street In the workplace In what ways might racism appear in the workplace? Is it fair that one race should dominate a certain trade, profession or organisation? Should race be an issue when you are applying for a job? 56

57 Race relations In an attempt to reduce racism, the government has introduced the Race Relations Act. 57

58 Race relations The Race Relations Act makes it unlawful to: Discriminate against anybody on the grounds of race, colour, nationality, ethnic or national origin. 58

59 Race relations The Race Relations Act makes it unlawful for: Public bodies to discriminate while carry out their responsibilities. This includes: Schools Hospitals Prisons The police force 59

60 Race relations If such an institution is racist, it is not uncommon for people to say that the organisation suffers from institutional racism. This means that the institution has made no effort and has no structures in place to avoid racism. The Macpherson Report used this term in relation to the Metropolitan Police Force which is responsible for the London area. 60

61 Race relations The Race Relations Act was originally set out in However, there was an amendment to the Act in The amendment clarified the scope of the law, making it clear that it covered not only physical abuse but also: Provoking racial hatred by publishing newspapers, books or leaflets containing racist material Harassment And abuse 61

62 Race relations Race relations are important in the UK because we live in a pluralist society. In a pluralist society, there are many minority groups. It is important to work towards the abolition of unfair discrimination against these minority groups. 62

63 Race relations Immigration has been happening in the UK for centuries. Immigration is people coming from abroad to live in this country. Emigration is when people leave this country and go abroad. Migration is a word we use for the movement of people generally. 63

64 Race relations Xenophobia is the fear, hatred or distrust that some people have of foreigners. A xenophobe is a person who is xenophobic. Being patriotic does not mean that you have to be xenophobic. 64

65 Race relations What can you do if you think that you have suffered from racism? There are bodies that you can contact to help you. Additionally, friends, teachers, parents, relations and religious leaders who have experience of life may be able to help you with dealing with the situation without getting involved with the law. 65

66 Race relations What can you do if you think that you have suffered from racism? If you are unable to resolve the problem, you have recourse to the Equal Opportunities Commission who can give legal advice in England and Wales. 66

67 Human rights In 1998, Parliament passed the Human Rights Act. The human rights that we consider to be essential in the UK are based on the UN Definition of Human Rights from 1948 and the EU Convention on Human Rights which was passed in

68 Human rights The UN s Universal Declaration of Human Rights sets out 30 specific articles which cover many rights including: 68

69 Human rights The EU s Convention on Human Rights is based upon the UN Declaration on Human Rights and is very similar. There is a European Commission on Human Rights consisting of 27 judges, one from each member state. Their role is to make sure that the Convention is followed by each member state. 69

70 Human rights Prior to 1998, the UK did not have its own human rights legislation and people had to go to the European Court. The Human Rights Act in the UK became law in Now, the European Convention on Human Rights is interpreted in British Courts under British law. 70

71 Human rights There are occasions when Human Rights can be limited in the UK. Can you think of any such circumstances? There is the wider community to think about. If my actions were to threaten the human rights of the wider community, the rights of the wider community would overrule. 71

72 Human rights There are occasions when Human Rights can be limited in the UK. Can you think of any such circumstances? Preventing the rights of others. 72

73 Human rights There are occasions when Human Rights can be limited in the UK. Can you think of any such circumstances? Preventing a crime. 73

74 Human rights There are occasions when Human Rights can be compromised in the UK. People suspected of a crime can be detained for up to 24 hours. 74

75 Human rights There are occasions when Human Rights can be compromised in the UK. People suspected of terrorism can be detained for even longer. 75

76 Human rights There are occasions when Human Rights can be compromised in the UK. Children who are thought to be in danger can be removed from their parents. 76

77 Human rights There are occasions when Human Rights can be compromised in the UK. Censorship is a denial of somebody's human rights. However, it is allowed by British Law in certain circumstances. For example: To avoid causing racial hatred To protect children from violent images To protect children from sexually explicit images 77

78 Human rights Not everybody in the UK agrees with the standards of Human Rights that we have in the UK. Many governments abroad do not agree with our standards of human rights. However, anybody who lives within the UK is bound our laws and so is bound by our laws regarding human rights. 78

79 Age-related legislation Age-related legislation really concentrates on: The young The old 79

80 Age-related legislation Laws which apply specifically to young people have been written to protect them. This includes laws covering how much work (paid employment) they are allowed to do. Additionally, there are laws restricting what they can do, such as buying alcohol and tobacco. 80

81 Age-related legislation Laws which apply specifically to older people have also been written to protect them. However, this includes giving older people the right to be able to ask to continue working when they reach retirement age and ensuring that they are not discriminated against when they are at work. Older people, although well qualified, can often find it difficult to get employment. 81

82 Age-related legislation Since 1 st October 2006, there has been legal protection against age discrimination in the form of the Age Discrimination Act. The Act applies to all: employers, private and public sector, vocational training providers, trade unions, professional organisations, employer organisations and so on. The aim is to: Stop unjustified discrimination in employment and workrelated training Improve the rights of employees facing retirement Remove the upper age limit for unfair dismissal and redundancy rights 82

83 Age-related legislation It also means that help is available for young people as well as old. 83

84 Age-related legislation An employer cannot impose a lower age limit unless the age limit can be objectively justified or is imposed by law. 84

85 The Legal System The law in the UK covers two distinct areas: 85

86 The Legal System As the name suggests, criminal law is the area of the law which involves somebody breaking laws which have been put in place by the State. When criminal laws have been broken, court action will be started by the state and enforced in the courts with the police. Examples of areas covered by criminal law include: murder, robbery and theft. 86

87 The Legal System Civil law covers the area of law which concerns disputes between people and / or organisations. Individuals and organisations can start civil actions. It is not necessary for the state to investigate. Typically, a civil court will force the guilty party to make a payment as a fine or damages, or enforce some kind of behavioural order. Examples of areas covered by civil law include: bankruptcy, forgery and divorce. 87

88 The Legal System There are different courts in the UK which are used to try different cases. The case used will depend upon the following factors: Is it a criminal or civil case? How serious is the case (in terms of sums of money involved and the seriousness of the offence)? We shall look at actions taken in criminal law first. 88

89 The Legal System When a crime is thought to have been committed, it is the job of the police to investigate it, gather evidence and prepare a case against the party that they think is guilty. This is then presented to the Crown Prosecution Service (CPS). The CPS then decides if there is enough evidence to make a prosecution. If there is, it is the CPS that presents the case to court. The case will either go to a Magistrates Court or a Crown Court. 89

90 The Legal System Less important cases go to the Magistrates Court. They can only impose a fine up to a maximum of 5,000 and imprisonment of up to 6 months. There is no jury Three lay magistrates* make a decision on the case Most large towns have a Magistrates Court Larger Magistrates Courts also have stipendiary magistrates to help who are legally qualified *Lay Magistrates also know as Justices of the Peace ( JPs) are local volunteers who are given some legal training. 90

91 The Legal System Most cases begin in a Magistrates Court. A few, the more serious cases, are then referred to a Crown Court. In a Crown Court: There is jury of 12 people who decide if the defendant is guilty or innocent The judge passes sentence and can give larger fines and custodial sentences than a magistrate Recorders hear less serious cases, full-time circuit judges hear more serious cases and a High Court Judge hears the most serious cases 91

92 The Legal System The Old Bailey in London is a famous Crown Court. Over 95% of cases are dealt with entirely by the Magistrates Court system. 92

93 The Legal System Of course, the defendant can appeal against the decision of the Magistrates Court and the Crown Court. Appeals regarding a decision in criminal law which has been made by a Magistrates Court are heard in a Crown Court Appeals regarding a decision in criminal law which has been made by a Crown Court are heard by the Criminal Division of the Court of Appeal Finally, appeals can go to the House of Lords At no stage is a jury involved. 93

94 The Legal System Less serious cases are dealt with by the County Courts and more serious cases are heard by the High Court. The County Court is also known as the Small Claims Court. Its purpose is to deal with small claims (< 5,000) which will just result in awarding a small amount of damages. The court is not as formal as the other courts and complainants will often present their own cases with defendants doing the same. The case is heard by a single judge who makes the decision as to what should be done. This is called a judgement or order. 94

95 The Legal System In more serious cases, District or Circuit judges will hear the case in the County Court but again they sit alone. They will deal with legacies, disputed wills, repossessions of homes and other higher value issues. The next stage up from the County Court splits into three distinct courts which are: Queen s Bench Division Family Division Chancery Division 95

96 The Legal System Queen s Bench Division The Queen s Bench Division deals with cases that have been referred from a County Court. The referral will have been made due to either the large amount of money involved or a point of law. 96

97 The Legal System Family Division As the name suggests, the Family Division deals with personal relationships and matters relating to families. 97

98 The Legal System Chancery Division Chancery Division deals with disputes over wills, complicated financial issues and tax issues. 98

99 The Legal System All appeals regarding these courts go to the Civil Division of the Court of Appeal. Finally, appeals can be made to the House of Lords. The system outlined above relates to the court system in England and Wales. 99

100 The Legal System The courts should be used as place of last resort for settling a dispute. Firstly, every effort should be made to resolve the dispute with the person or organisation that you have the dispute with. If this doesn t work, some independent third party should be consulted. Many state-run organisations exist to help with this. These include arbitrators, regulators and ombudsmen. Then finally, the courts can become involved. 100

101 The Legal System All UK citizens have recourse to the: European Court of Justice And the European Court of Human Rights 101