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

The difference between civil and criminal law WHAT YOU’LL LEARN The difference between civil and criminal law How civil law cases are resolved continued

The different legal services that can be used to settle disputes WHAT YOU’LL LEARN The different legal services that can be used to settle disputes

WHY IT’S IMPORTANT An understanding of the law and how it affects you is necessary for dealing with job-related conflicts.

civil law summons criminal law felony misdemeanor contingency fee KEY TERMS civil law summons criminal law felony misdemeanor contingency fee

The Legal Battlefield 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 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 A summons is an order to appear in court.

The Legal Battlefield 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 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 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 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 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 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 Union disputes are often settled through arbitration. An arbitrator issues a written decision.

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

ETHICS in Action Changing Minds THINK ABOUT IT How do you respond to your neighbor? Will you get a third party involved?

The Legal Battlefield 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 A felony is a serious crime, such as murder or rape. A misdemeanor is a less serious crime, such as shoplifting.

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

Using Legal Services Although hiring a lawyer can be expensive, having a knowledgeable lawyer may produce better results.

Finding a Lawyer To find a lawyer, try one or more of the following: Use the phone book. Call the local bar association. Call your state’s chapter of the Association of Trial Lawyers of America. continued

Finding a Lawyer 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 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 Some questions to ask your potential lawyer are: 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

Finding a Lawyer 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?

Lawyers’ Fees Lawyers either charge an hourly rate or set a flat fee based on how much work they expect to do for you.

Lawyers’ Fees 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 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 Do not expect lawyers to do all the work. You must be prepared for meetings with documents, records, and names of witnesses.

Lawyers’ Fees Ask how you can be involved and what you can and should do to help your case.

Key Concept Checkpoint SECTION 12.2 REVIEW Key Concept Checkpoint Comprehension Why might you want to resolve a civil case out of court rather than through a trial? continued

Key Concept Checkpoint SECTION 12.2 REVIEW Key Concept Checkpoint Comprehension Describe a workplace situation that could lead to a civil case and one that could lead to a criminal case. continued

Key Concept Checkpoint SECTION 12.2 REVIEW Key Concept Checkpoint Comprehension Do you think it is a good idea to defend your own case in court? Why or why not? continued

Key Concept Checkpoint SECTION 12.2 REVIEW Key Concept Checkpoint Critical Thinking What qualities would you look for when hiring a lawyer?

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