• Who are witnesses? What makes a good witness? Witnesses might be victims or defendants who are voluntarily testifying on their own behalf.
    Witnesses may be presented by both the prosecution and the defense. Or a witness might be
    someone testifying as an impartial eyewitness to a crime, or someone with information about it. In
    any event, the most important thing is to be honest. When you are on the witness stand, the law
    requires you to tell the truth. Answer the questions as completely as possible, but stick to the
    point. Do not add details that are not necessary to answer the question. If you do not understand
    the question, politely ask the lawyer to rephrase it. Do not answer any questions if you are unsure
    of the answer. If you do not know the answer, your answer should be, "I don't know." If you
    hear a lawyer say "objection" after a question is asked, do not answer the question. Wait until the
    judge rules on the objection. The judge will then tell you whether you may answer the question.
    Testifying can be tiring and frustrating. Try to remain relaxed and keep a pleasant
    attitude. The worst thing you can do is to appear angry, lose your temper, or argue with the
    lawyer who is asking the questions. If the judge or jury disapproves of your behavior or attitude,
    they might not believe your testimony.

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  • What is the legal significance of a union contract When employees select a union as their bargaining representative, the union
    negotiates a contract (collective bargaining agreement) with the employer containing the
    terms and conditions of employment for all employees. Individual employees cannot
    negotiate separate deals with the employer. If there is no union contract, the employee
    deals directly with the employer and negotiates his or her own terms of employment.

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  • Does it matter if a person works for a government instead of a private employer? Does it matter if a person works for a government instead of a private
    employer?

    Yes, it makes a big difference. Generally, labor contracts and federal and state
    laws regulate the relationship between a private sector employee and employer, such as a
    retail business or a manufacturer. The public sector employer, however, works for
    government and is subject not only to the labor contracts and laws but also to the
    restrictions imposed by federal and state constitutions. For example, the First Amendment
    restriction on government interference with free speech prohibits a governmental
    employer from disciplining a worker who speaks out on issues of public concern. The
    First Amendment, however, generally does not apply to a private sector employer and thus
    does not prohibit a private sector employer from discharging such an employee. In
    addition, most governmental employment is also regulated by civil service rules.

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  • Is there a single law of the workplace No, there is no single "law of the workplace." Today's workplace law consists of
    federal and state laws, civil service rules, collective bargaining agreements, contracts,
    company personnel handbooks, and employer practices.

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  • INTRODUCTION--LAW AND THE WORKPLACE THE LAW AFFECTS JUST ABOUT EVERY ASPECT OF WORK. Federal and state
    laws regulate the hiring process, terms and conditions of employment, and the
    circumstances under which employees can be fired.
    The law helps shape the relationship between employer and employee. The law
    does not address every issues that can arise in the employment relationship, but a basic
    understanding of what the law does require can help both the employer and employee
    anticipate problems and avoid trouble.
    Understanding your legal rights does not mean that those rights can only be
    enforced by a lawsuit in court. A lawsuit should be viewed as a last resort, not as a starting
    point. Lawsuits are costly and time-consuming. Rather, employers and employees should
    first try to discuss their differences. Such discussions are easier and more productive when
    both sides understand how the law affects the situation. Many employers try to anticipate
    problems before they occur, and solve problems when they do arise.
    This chapter can help both employees and employers understand how the law
    affects their rights and obligations at work. It explains the laws and suggests places to turn
    for further details. Each section in this chapter briefly explains a specific area of law and
    then answers commonly asked questions.

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  • May an intoxicated person get out of a contract Very often someone who is "under the influence" can get out of a contract. The courts don't like
    to let a voluntarily intoxicated person revoke a contract with innocent parties this way - but if
    someone acts like a drunk, the other party probably wasn't so innocent.
    On the other hand, if someone doesn't appear to be intoxicated, he or she probably will have to
    follow the terms of the contract. The key in this area may be a person's medical history. Someone
    who can show a history of alcohol abuse, blackouts, and the like, may be able to void the contract,
    regardless of his or her appearance when the contract is made. This is true especially if the other
    party involved knows about the prior medical history. The reasoning goes back to mental capacity,
    and whether a person is able to exercise self-control.

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  • When does mental capacity invalidate a contract While the age test for legal maturity is easy to determine, the standards for determining mental
    capacity are remarkably complex and differ widely from one state to another. One common test is
    whether people have the capacity to understand what they were doing and to appreciate its effects
    when they made the deal. Another approach is evaluating whether people can control themselves
    regardless of their understanding.

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  • Does that mean minors may not make a contract No, minors may make contracts. But courts may choose not to enforce some of them. The law
    presumes that minors need to be protected from their lack of maturity, and won't allow, for example,a Porsche salesman to exploit their naivete by enforcing a signed sales contract whose real
    implications a young person is unlikely to have comprehended. Sometimes this results in minors
    receiving benefits (such as goods or services) and not having to pay for them, though they would
    have to return any goods still in their possession. This would apply even to minors who are
    emancipated - living entirely on their own - who get involved in contractual relationships, as well as
    to a minor who lives at home but is unsupervised long enough to get into a contractual fix.
    Parents who give their children access to home computers hooked up to the Internet should
    consider the situation that may arise if a child uses their credit card information online. This includes
    information that may be stored in the computer or at a website that recognizes your home computer
    and, of course, doesn't know that a minor is the actual "shopper." From the point of view of the
    website owner, the parent is the customer, and you may have a hard time avoiding liability for a
    contract (such as for the purchase of merchandise) that your children have entered into using your
    Internet identity.
    Also, a court may require a minor or the minor's parents to pay the fair market value (not
    necessarily the contract price) for what courts call necessaries (what you would likely call
    "necessities"). The definition of a "necessary" depends entirely on the person and the situation. It
    probably will always include food and probably will never include CD's, Nintendo cartridges or
    Porsches. Minors who reach full age and do not disavow their contracts may then have to comply
    with all their terms. In some states, courts may require a minor to pay the fair value of goods or
    services purchased under a contract that minor has disavowed.

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  • What determines enough maturity to make a contract In this sense, maturity is defined as a certain age a person reaches - regardless of whether he or
    she is in fact "mature." State laws permit persons to make contracts if they have reached the age of
    majority (the end of being a minor), which is usually age eighteen.

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  • May anyone enter into a contract No. In order to make an enforceable contact, people have to be able to understand what they're
    doing. That requires both maturity and mental capacity. Without both of these, one party could be at
    a disadvantage in the bargaining process, which could invalidate the contract.

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  • A Contract Defined What is a contract?

    A contract consists of voluntary promises between competent parties to do, or not to do,
    something, which the law will enforce. These are binding promises, which may be oral or written.
    Depending on the situation, a contract could obligate someone even if he or she wants to call the deal
    off before receiving anything from the other side. The details of the contract who, how, what, how
    much, how many, when, etc. are called its provisions or terms.
    In order for a promise to qualify as a contract, it has to be supported by the exchange of
    something of value between the participants or parties. This something is called consideration.
    Consideration is most often money, but can be some other bargained-for benefit or detriment (as
    explained more fully below). The final qualification for a contract is that the subject of the promise
    (including the consideration) may not be illegal.
    Suppose that a friend agrees to buy your car for $1,000. That is the promise. You benefit by
    getting the cash. Your friend benefits by getting the car. Since it is your car, the sale is legal, and you
    and your friend have a contract.
    It is common for the word "contract" to be used as a verb meaning "to enter into a contract."
    We also speak of contractual relationships to refer to the whole of sometimes complex relationships,
    which may comprise one or many contracts.

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