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Part I.  Chapter 27- Employment contracts  Mock Trial Information  Criminal Law.

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Presentation on theme: "Part I.  Chapter 27- Employment contracts  Mock Trial Information  Criminal Law."— Presentation transcript:

1 Part I

2  Chapter 27- Employment contracts  Mock Trial Information  Criminal Law

3  These are “implied” agreements  No contract exists  Since there is no contract, an employer can fire and employee at any time for any reason

4  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

5 At WillContract 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

6  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

7  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

8  Based on a legal relationship between an employer and employee  Payment in exchange for an agreement to be supervised and controlled

9  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

10  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

11  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

12  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)

13  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

14  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

15  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)

16  Against Society  Duty, Breach and intent  Society pays because we need to pay for police, courts, lawyers, etc.


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