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Published byClaude Hamilton Modified over 8 years ago
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Part I 2015
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“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
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Chapter 27- Employment contracts Mock Trial Information Criminal Law
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These are “implied” agreements No contract exists Since there is no contract, an employer can fire and employee at any time for any reason
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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
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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
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At WillContract 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
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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
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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
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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
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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
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Based on a legal relationship between an employer and employee Payment in exchange for an agreement to be supervised and controlled
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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
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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
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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 (5 th amendment rights You are GUARANTEED a lawyer
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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
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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)
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Against Society Duty, Breach and intent Society pays because we need to pay for police, courts, lawyers, etc.
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