1. Section 12.2 You and the Legal System Back to Table of Contents

2. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 WHAT YOU’LL LEARN The difference between civil and criminal law How civil law cases are resolved continued

3. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 WHAT YOU’LL LEARN The different legal services that can be used to settle disputes

4. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 An understanding of the law and how it affects you is necessary for dealing with job-related conflicts. WHY IT’S IMPORTANT

5. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 civil law summons criminal law felonymisdemeanor contingency fee KEY TERMS

6. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Civil law applies to conflicts between private parties over rights and obligations. Divorce, custody battles, and personal injuries fall into this category. The Legal Battlefield

7. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Companies may also become involved in civil law cases. A company can be found liable for personal injury, illegal dismissal, or sexual harassment, for example. The Legal Battlefield

8. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 A summons is an order to appear in court. The Legal Battlefield

9. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Small-claims court is designed to handle minor disputes and claims on small debts. Small-claims court does not require lawyers. It is a low-cost option for some business problems. The Legal Battlefield

10. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Small claims court involves claims less than $5,000. The judge’s decision carries as much weight as a state or federal court decision. The Legal Battlefield

11. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 A settlement is a mutual agreement that does not state that either party was wrong. A settlement often takes the form of a cash reward or a correction of the situation that caused the complaint. The Legal Battlefield

12. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 You may be able to settle a workplace dispute by discussing it with your employer. Many companies have complaint procedures to handle legal problems between workers. The Legal Battlefield

13. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Many states require workers to file a formal complaint with the Equal Employment Opportunity Commission or a similar agency. Sometimes, an agency can settle a dispute. The Legal Battlefield

14. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Mediation is a process in which you and your opponent present the case to a neutral third person, a mediator. The mediator helps you reach a compromise. The Legal Battlefield

15. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Union disputes are often settled through arbitration. An arbitrator issues a written decision. The Legal Battlefield

16. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 ETHICS in Action Changing Minds Your neighbor went on vacation for a month and asked that you mow the lawn each week while he was away. You both agreed on a price for your labor. When your neighbor returned, he told you he was going to give you only half as much because he thought that the original price was too high. continued

17. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 ETHICS in Action Changing Minds THINK ABOUT IT How do you respond to your neighbor? Will you get a third party involved?

18. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Criminal law is the type of law that covers crimes. Under criminal law, the government brings an indictment, or list of criminal charges, against a person or organization. The Legal Battlefield

19. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 A felony is a serious crime, such as murder or rape. A misdemeanor is a less serious crime, such as shoplifting. The Legal Battlefield

20. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Graphic Organizer 12.2 Chapter 12 Workplace Legal MattersSucceeding in the World of Work Types of Law Disputes between individuals or organizations Civil Law personal injury sexual harassment discrimination Disputes settled in the legal system, often through court trials U.S. Supreme Court is ultimate decision maker Offenses against the state Criminal Law robbery theft fraud embezzlement Both

21. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Although hiring a lawyer can be expensive, having a knowledgeable lawyer may produce better results. Using Legal Services

22. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 To find a lawyer, try one or more of the following: Finding a Lawyer Use the phone book. Call the local bar association. Call your state’s chapter of the Association of Trial Lawyers of America. continued

23. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Ask friends and family members if they know any lawyers. If you are a member of a group or prepaid legal plan through your job, contact this service for a referral. Finding a Lawyer

24. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Many lawyers will have an initial meeting with you before charging you a fee. Use this opportunity for a careful interview. You must be able to trust your lawyer. Finding a Lawyer

25. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Some questions to ask your potential lawyer are: Finding a Lawyer What type of experience do you have? What is your specialty? What references can you provide? What is your policy on returning phone calls? continued

26. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 How long will my matter take to reach a conclusion? Will I be regularly updated? Who will handle my matter? Would handling my case involve a conflict of interest with another client? Do you have malpractice insurance? Finding a Lawyer

27. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Lawyers either charge an hourly rate or set a flat fee based on how much work they expect to do for you. Lawyers’ Fees

28. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 A contingency fee is a lawyer’s fee based on a percentage of the amount of money that a client wins in a court case. Make sure you understand the fee system and projected costs before you agree to anything. Lawyers’ Fees

29. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Low-cost legal assistance in civil cases is available from the Legal Aid Society. If you are charged in a criminal case, the office of the public defender provides free legal representation. Lawyers’ Fees

30. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Do not expect lawyers to do all the work. You must be prepared for meetings with documents, records, and names of witnesses. Lawyers’ Fees

31. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Ask how you can be involved and what you can and should do to help your case. Lawyers’ Fees

32. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Key Concept Checkpoint Comprehension 1.Why might you want to resolve a civil case out of court rather than through a trial? continued SECTION 12.2 REVIEW

33. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Key Concept Checkpoint Comprehension 2.Describe a workplace situation that could lead to a civil case and one that could lead to a criminal case. continued SECTION 12.2 REVIEW

34. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Key Concept Checkpoint Comprehension 3.Do you think it is a good idea to defend your own case in court? Why or why not? continued SECTION 12.2 REVIEW

35. Chapter 12 Workplace Legal MattersSucceeding in the World of Work You and the Legal System 12.2 Key Concept Checkpoint Critical Thinking 4.What qualities would you look for when hiring a lawyer? SECTION 12.2 REVIEW

36. End of Section 12.2 You and the Legal System Back to Table of Contents