Chapter 3 .docx - Chelsea Lewis LGLS – Business Sexual...

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Chelsea Lewis LGLS – Business September 18, 2018 Sexual Harassment The EEOC describes sexual harassment as a form of gender discrimination. o Quid Pro Quo – employee is expected to give into sexual demands or suffer the loss of a benefit. o Hostile Work Environment – employee is subjected to sexual harassment and obscenities in the workplace. Chapter 3 Litigation is a common risk is today’s environment, especially in business. When a judge today hears a case, there’s 1,000 years of tradition behind the process. Peter Zenger – a New York journalist whose acquittal in a libel suit in 1735 established the first important victory for the freedom of speech clause in English colonies. Andrew Hamilton – his lawyer, the greatest of his time. Article 3 is the last branch of government to be addressed by the Constitution (creating the courts), it was an afterthought. It reads: We shall establish the U.S. Supreme Court and authorize Congress to establish inferior courts; Congress was Article 1 and the President was Article 2. Types of Courts o Original jurisdiction – a court of original jurisdiction is your trial court, trying your case for the first time. They are in direct contact with the parties, the judge determines law (what the law says) and jury determines facts (essential facts of the case) o Appellate jurisdiction – the court that hears cases of appeal (everyone is entitled to appeal one case), Justices (Judges) review the record for errors and establish precedent; not in contact with parties and doesn’t hear any new evidence, if so it’s sent back down to smaller court. In a civil lawsuit, either party can appeal . In a criminal case, only the defendant can appeal. o Double Jeopardy – once tried by jury, the government may not try you again. State judges are elected; Federal Judges are appointed. Marbury v. Madison case established the principle that the Supreme Court uniquely has the power to declare a law of Congress unconstitutional; case that created judicial review. The U.S. Court System: o Supreme Court – the U.S. Supreme Court, the highest court. It is the last resort, it’s the final arbiter of all legal disputes and its final decision bind everyone. Court of original and appellate jurisdiction – 99.9% of the time the cases are appellate
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