Section 12.2 You and the Legal System Back to Table of Contents

Section 12.2Section 12.2You and the Legal SystemYou and the Legal System

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

You and the Legal SystemYou and the Legal System12.2

WHAT YOU’LL LEARN

The difference between civil and The difference between civil and criminal lawcriminal law

How civil law cases are resolvedHow civil law cases are resolved

continued



WHAT YOU’LL LEARN

The different legal services that The different legal services that can be used to settle disputes can be used to settle disputes



An understanding of the law and An understanding of the law and how it affects you is necessary for how it affects you is necessary for dealing with job-related conflicts.dealing with job-related conflicts.

WHY IT’S IMPORTANT



civil lawcivil lawsummonssummonscriminal lawcriminal lawfelonyfelonymisdemeanormisdemeanorcontingency fee contingency fee

KEY TERMS



Civil law Civil law applies to conflicts between applies to conflicts between private parties over rights and private parties over rights and obligations.obligations.

Divorce, custody battles, and personal Divorce, custody battles, and personal injuries fall into this category.injuries fall into this category.

The Legal BattlefieldThe Legal Battlefield The Legal BattlefieldThe Legal Battlefield



Companies may also become involved Companies may also become involved in civil law cases.in civil law cases.

A company can be found liable for A company can be found liable for personalpersonal injuryinjury, illegal dismissal, or , illegal dismissal, or sexual harassment, for example.sexual harassment, for example.




A A summonssummons is an order to appear in is an order to appear in court.court.




Small-claimsSmall-claims courtcourt is designed to is designed to handle minor disputes and claims on handle minor disputes and claims on small debts.small debts.

Small-claims court does not require Small-claims court does not require lawyers. It is a lawyers. It is a low-costlow-cost option for some option for some business problems.business problems.




Small claims court involves claims Small claims court involves claims lessless thanthan $ $5,0005,000..

The judge’s decision carries as much The judge’s decision carries as much weight as a state or federal court weight as a state or federal court decision.decision.




A A settlementsettlement is a mutual agreement that is a mutual agreement that does not state that either party was does not state that either party was wrong.wrong.

A settlement often takes the form of a A settlement often takes the form of a cashcash rewardreward or a correction of the or a correction of the situation that caused the complaint.situation that caused the complaint.




You may be able to settle a workplace You may be able to settle a workplace dispute by discussing it with your dispute by discussing it with your employer.employer.

Many companies have complaint Many companies have complaint procedures to handle legal problems procedures to handle legal problems between workers.between workers.




Many states require workers to file a Many states require workers to file a formal complaint with the formal complaint with the EqualEqual EmploymentEmployment OpportunityOpportunity CommissionCommission or a similar agency. or a similar agency.

Sometimes, an agency can settleSometimes, an agency can settlea dispute.a dispute.




MediationMediation is a process in which you and is a process in which you and your opponent present the case to a your opponent present the case to a neutral third person, a neutral third person, a mediatormediator..

The mediator helps you reach a The mediator helps you reach a compromisecompromise..




Union disputes are often settled through Union disputes are often settled through arbitrationarbitration..

An An arbitratorarbitrator issues a written decision. issues a written decision.




ETHICS in Action

Changing MindsChanging MindsYour neighbor went on vacation for a month Your neighbor went on vacation for a month and asked that you mow the lawn each week and asked that you mow the lawn each week while he was away. You both agreed on a while he was away. You both agreed on a price for your labor. When your neighbor price for your labor. When your neighbor returned, he told you he was going to give returned, he told you he was going to give you only half as much because he thought you only half as much because he thought that the original price was too high.that the original price was too high. continued



ETHICS in Action

Changing MindsChanging Minds

THINK ABOUT ITTHINK ABOUT ITHow do you respond to your neighbor? Will How do you respond to your neighbor? Will you get a third party involved?you get a third party involved?



CriminalCriminal lawlaw is the type of law that is the type of law that covers crimes.covers crimes.

Under criminal law, the government Under criminal law, the government brings an brings an indictmentindictment, or list of criminal , or list of criminal charges, against a person or charges, against a person or organization.organization.




A A felonyfelony is a serious crime, such as is a serious crime, such as murder or rape.murder or rape.

A A misdemeanormisdemeanor is a less serious crime, is a less serious crime, such as shoplifting.such as shoplifting.



You and the Legal SystemYou and the Legal System12.2 Graphic OrganizerGraphic Organizer12.2


Types of LawTypes of LawTypes of LawTypes of Law

• Disputes between individuals or organizations

Civil LawCivil Law

• personal injury• sexual harassment• discrimination

• Disputes settled in the legal system, often through court trials

• U.S. Supreme Court is ultimate

decision maker

• Offenses against the state

Criminal LawCriminal Law

• robbery• theft• fraud• embezzlement

BothBoth



Although hiring a lawyer can be Although hiring a lawyer can be expensive, having a knowledgeable expensive, having a knowledgeable lawyer may produce better results.lawyer may produce better results.

Using Legal ServicesUsing Legal ServicesUsing Legal ServicesUsing Legal Services



To find a lawyer, try one or more of the To find a lawyer, try one or more of the following:following:

Finding a LawyerFinding a LawyerFinding a LawyerFinding a Lawyer

Use the phone book.Use the phone book.Call the Call the locallocal barbar associationassociation..Call your state’s chapter of the Call your state’s chapter of the Association of Trial Lawyers of Association of Trial Lawyers of America.America.

continued



AskAsk friendsfriends and and familyfamily membersmembers if if they know any lawyers.they know any lawyers.If you are a member of a group or If you are a member of a group or prepaid legal plan through your job, prepaid legal plan through your job, contact this service for a referral.contact this service for a referral.




Many lawyers will have an initial meeting Many lawyers will have an initial meeting with you before with you before chargingcharging youyou a a feefee..

Use this opportunity for a careful Use this opportunity for a careful interview.interview.

You must be able to You must be able to trusttrust your lawyer. your lawyer.




Some questions to ask your potential Some questions to ask your potential lawyer are:lawyer are:


What type of What type of experienceexperience do you do you have?have?What is your specialty?What is your specialty?What What referencesreferences can you provide? can you provide?What is your policy on returning phone What is your policy on returning phone calls?calls? continued



How long will my matter take to reach How long will my matter take to reach a conclusion?a conclusion?Will I be regularly updated?Will I be regularly updated?Who will handle my matter?Who will handle my matter?Would handling my case involve a Would handling my case involve a conflictconflict ofof interestinterest with another with another client?client?Do you have Do you have malpracticemalpractice insuranceinsurance??




Lawyers either charge an Lawyers either charge an hourlyhourly raterate or or set a set a flatflat feefee based on how much work based on how much work they expect to do for you.they expect to do for you.

Lawyers’ FeesLawyers’ FeesLawyers’ FeesLawyers’ Fees



A A contingencycontingency feefee is a lawyer’s fee is a lawyer’s fee based on a percentage of the amount of based on a percentage of the amount of money that a client wins in a court case.money that a client wins in a court case.

Make sure you understand the fee Make sure you understand the fee system and projected costs before you system and projected costs before you agree to anything. agree to anything.




Low-cost legal assistance in civil cases Low-cost legal assistance in civil cases is available from the is available from the LegalLegal AidAid SocietySociety..

If you are charged in a criminal case, If you are charged in a criminal case, the office of the the office of the publicpublic defenderdefender provides free legal representation.provides free legal representation.




Do not expect lawyers to do all the work.Do not expect lawyers to do all the work.

You must be prepared for meetings with You must be prepared for meetings with documentsdocuments, records, and names of , records, and names of witnesses.witnesses.




Ask how you can be involved and what Ask how you can be involved and what you can and should do to help your you can and should do to help your case.case.




Key Concept CheckpointKey Concept CheckpointComprehensionComprehension

1.1. Why might you want to resolve a civil Why might you want to resolve a civil case out of court rather than through case out of court rather than through a trial?a trial?

continued

SECTION 12.2 REVIEWSECTION 12.2 REVIEW




2.2. Describe a workplace situation that Describe a workplace situation that could lead to a civil case and one that could lead to a civil case and one that could lead to a criminal case.could lead to a criminal case.

continued





3.3. Do you think it is a good idea to Do you think it is a good idea to defend your own case in court? defend your own case in court? Why or why not?Why or why not?

continued




Key Concept CheckpointKey Concept CheckpointCritical ThinkingCritical Thinking

4.4. What qualities would you look for What qualities would you look for when hiring a lawyer?when hiring a lawyer?


End of Section 12.2End of Section 12.2You and the Legal SystemYou and the Legal System

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Section 12.2 You and the Legal System Back to Table of Contents