BUSINESS LAW EXAM REVIEW

1. BUSINESS LAW EXAM REVIEW Part I

2. Part 1 of 3 contents • Chapter 27- Employment contracts • Mock Trial Information • Criminal Law

3. 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

4. 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

5. Differences 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 At Will Contract

6. 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

7. 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

8. Employment • Based on a legal relationship between an employer and employee • Payment in exchange for an agreement to be supervised and controlled

9. 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

10. 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

11. 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

12. 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)

13. 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

14. 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

15. 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)

16. Crimes • Against Society • Duty, Breach and intent • Society pays because we need to pay for police, courts, lawyers, etc.

17. ANY QUESTIONS??