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.