Chapter 2 The Employment Law Toolkit Essays - Labour Law

Chapter 2 The Employment Law Toolkit Essays - Labour Law Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts Notes: Guide to Reading Cases (43): -Stare Decisis and Precedent: oOnce a judge renders a decision in a case it is followed in that jurisdiction the case thus becomes precedent for future cases involving that issue oFederal Courts consist of trial courts (US District Court for a particular district), courts of speak (US Circuit Court), and the US Supreme Court Supreme Court decisions apply to all jurisdictions District they can look to other jurisdictions if no precedent has been set they are not bound to follow it oStates have court systems parallel to the federal court system trial court, intermediate court of appeals, and a state supreme court Once the case is decided by the state supreme court, it can be heard by the US Supreme Court if there is a basis for appealing it to that court oFederal side, once a case is heard by the US Supreme Court, here is no other court to which it can be appealed If they dont keep with the laws intended purpose, Congress can pass a law that reflects that determination -Understanding the Case Information: oPlantiff (one suing): one who brings a civil action in court (district level) oDefendant (one being sued): one against who the case is brought (district level) oCourt of appeals or Supreme Court level, the first name reflects who appealed Appellant: one who brings an appeal Appellee: one against whom an appeal is brought oSupreme Court Level Petitioner: One who appeals a case to the Supreme Court Respondent: one against whom a case is appealed at the Supreme Court oUnder the case name is a case citation, full case can be located in a law reporter with it Federal Reporters contain the cases of the US Circuit Courts of Appeal from across the country Federal Supplement Reporters, contains US district court cases oJudge or justice judge oversees the lower courts, higher courts is justices CJ stands for chief justice oLegal terms legalese oIf the case is a trial decision by the district court based on the merits of the claim, the court will provide relief either for the plaintiff or the defendant oMotion to Dismiss: request by a defendant for the court to dismiss the plaintiffs case Court will decide that issue and say either that the motion to dismiss is granted or that it is denied (can be appealed to the next court) oMotion for Summary Judgment: defenders request for the court to rule on the plaintiffs case based on the documents submitted, alleging there are no triable issues of fact to be decided If dismissed, the court has determined that there is a need for the case to proceed to trial (can be appealed) oAppellate court the appeal must be based on errors of law oRemand is an order by the court of appeals to the lower court telling it to take the case back oPer curiam brief decision by the court, and is not issued by a particular judge -Prima Facie Case oCase of Action: right provided by law for a party to sue for remedies when certain legal rights is violated oPrima Facie Case: the evidence that fits each requirement of a case of action Claimant established a prima facie case, then the claim may advance Employment-At-Will Concepts (47): -Wrongful Discharge and the Employment-at-Will Doctrine oAt-Will Employment: an employment relationship where there is no contractual obligation to remain in the relationships; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as discriminatory purposes Excluded: government employees, employees under a collectable bargaining agreement, or employees who have an individual contract with their employer oEmployer is only prohibited from terminating employees based on what the law dictates Any terminated at-will employee may bring suit against the employer, seeking reinstatement or compensatory and punitive damages for the losses suffered on the basis of unjust dismissal or wrongful termination oState by state approach to addressing the exceptions to the at-will doctrine Default rule in 40 out of 50 states, with Montana holding out -Exceptions to the At-Will Doctrine oViolation of some recognized public policy, were the employer breaches an implied covenant of good faith and fair dealing, or where an implied contract or implied promise to the employee was breached (promissory estoppel) 65% of the workforce is covered by the at-will doctrine Ohio: Implied Contract (yes), Public Policy (yes),