BUSINESS LAW EXAM
REVIEWPart I2015
FINAL EXAM INFORMATION “In Class” on Wednesday June 10 and Thursday June 11
Can NOT be absent that day Covers chapters 27, 5 and unit
on Contracts (Chapters 7-12) Mock trial information as well #2 pencil needed first day Books must be turned in before
last class
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
AT WILL POINTS Usually paid per hour Full time based on 40 hour work
week No set schedule many times,
rather week to week Benefits based on full time
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 Limited rights
based on hours and OT
CONTRACT Both sides
must live up to agreed terms
Cannot be fired unless there is cause
Time limit
FIRED FOR CAUSE Means you did something outside the
contractual agreement Cause could also be stealing, showing up
late(s), insubordination, or harming a customer
Contractual cause usually means you did not complete the work terms based on what you agreed
NOT ELIGIBLE for unemployment if fired for cause
You CAN sue your employer over the reason given
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
Basis of a lawsuit
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, ONLY the original agreement
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
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
CRIMINAL LAW FACTS Based on reasonable doubt, which
means very little or no doubt the defendant is guilty
ALL 12 jurors must ALL agree Highest standard of proof in the legal
world Defendant does not need to testify
(5th amendment rights You are GUARANTEED a lawyer
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??