BUSINESS LAW EXAM

REVIEWPart I

PART 1 OF 3 CONTENTS Chapter 27- Employment contracts

Mock Trial Information Criminal Law

RIGHTS OF AN AT WILL EMPLOYEE These are

“implied” agreements

No contract exists Since there is no

contract, an employer can fire and employee at any time for any reason

RIGHTS OF AN AT WILL EMPLOYEE The employee also can

quit at any time for any reason

At will employees have very limited rights because they are not under contract and there is no legal obligation as to the time they will be employed

DIFFERENCES

At Will Contract

AT WILL Hired or fired

for any reason No contract Usually hourly Limited rights

CONTRACT Both sides

must live up to agreed terms

Cannot be fired unless there is cause

Time limit

INDEPENDENT CONTRACTORS Not a contract of

employment, but rather a contract to complete a job

NO supervision by the person who hired the contractor to complete the job

INDEPENDENT CONTRACTORS Since the contractor was

hired to complete the job, they are also liable for any damage they do to anyone “Not” involved in the contract.

Ex) If a contractors truck hits someone's car parked in the road, the contractor is liable, NOT the homeowner

EMPLOYMENT Based on a legal

relationship between an employer and employee

Payment in exchange for an agreement to be supervised and controlled

EMPLOYMENT Employees have

duties to be obedient, skilled, loyal and to perform reasonably

Employers have duties to treat employees reasonably, have safe working conditions and follow fair labor standards

WRONGFUL DISCHARGE Firing an employee

for reasons other than job related reasons

Improper Could be based on

discrimination, creating a false case against them or falsifying documents

MOCK TRIAL STEPS- CRIMINAL Arrest/served to go to court Arraignment (Plead guilty or not guilty) Court date set Opening Statements (Prosecution first) Prosecution witnesses called first Prosecution rests Defense witness called (Defendant does

not need to testify Closing statements (Prosecution last) Verdict

MOCK TRIAL STEPS- CIVIL Complaint filed with the court Complaint answered by defendant Sides meet to decide if trial is needed or

settlement can be made Opening statements (Plaintiff first) Plaintiff case Defense case Closing statements (Plaintiff last) Jury verdict Judgment (Damages)

DIFFERENCES: CRIMINAL/CIVIL Criminal- Based on reasonable doubt Civil- Based on preponderance of

evidence Criminal- 12 jurors must ALL agree Civil- Majority of jurors must agree Criminal- Higher standard of proof Criminal- Defendant does not need to

testify Civil- You are NOT guaranteed a

lawyer, unlike in a criminal case

DIRECT EXAMINATION VS. CROSS EXAMINATION Direct examination- tells a story,

factual based, add credibility to the witness

Cross examination- Tests the reliability of the witness, attacks credibility, and makes the facts less clear

Direct Examination- No leading Cross Examination- Leading is allowed,

control the witness’s answers Direct Examination comes first, then

cross examination

COURT TERMS Verdict- A juries final decision Judgment- Final outcome of a trial Subpoena- Court order to get a

witness to testify Perjury- lying under oath Affidavit- A formal statement given

under oath before a trial begins Jurors- people in the court who decide

issues of facts (Judge decides issues of law)

CRIMES Against Society Duty, Breach and

intent Society pays

because we need to pay for police, courts, lawyers, etc.

ANY QUESTIONS??