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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
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 Usually hourly Limited rights
CONTRACT Both sides
must live up to agreed terms
Cannot be fired unless there is cause
Time limit
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
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
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
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
MOCK TRIAL STEPS- CIVIL 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)
DIFFERENCES: CRIMINAL/CIVIL 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
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.