1. You and the Legal System
Section 12.2
You and the Legal System
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2. 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

3. 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

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

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

6. 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.

7. 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.

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

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

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

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

18. 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.

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

20. 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

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

22. 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

23. 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.

24. 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.

25. 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?
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26. 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?

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

28. 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.

29. 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.

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

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

32. 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

33. 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

34. 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

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

36. You and the Legal System
End of Section 12.2
You and the Legal System
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