Legal Principles and Doctrines

Wrongful dismissal occurs when an employee is terminated without proper notice or pay in lieu of notice (Option 3), or when the termination violates human rights codes, such as discrimination based on race, sex, or religion (Option 1). Therefore, both of these scenarios constitute wrongful dismissal.

An employer can dismiss an employee for ordinary misconduct if they have followed a fair disciplinary procedure, which typically includes issuing previous formal warnings. Informal warnings or 'telling offs' are usually insufficient to justify a fair dismissal.

A precedent is an earlier event, action, or decision that serves as an example or guide for future similar circumstances. Principle is a fundamental truth or proposition, while provocative and prohibit do not fit the noun definition.

Under the Sixth Amendment of the U.S. Constitution, a criminal defendant has the right to confront and cross-examine the witnesses testifying against them. This is a fundamental component of a fair trial.

Criminal insanity is an affirmative defense, meaning the defendant admits to the act but argues they lack the mental capacity to be held criminally responsible. Because the prosecution is not required to disprove insanity initially, the burden of proving this defense falls on the defendant's lawyer.

A subpoena is a formal legal document issued by a court that commands a person to appear as a witness to testify or to produce physical evidence. Failing to comply with a subpoena can result in being held in contempt of court.

An indictment is a formal written charge issued by a grand jury after determining there is sufficient evidence to bring a suspect to trial. An arraignment is the subsequent hearing where the charges are read, and the grand jury is the body that issues the indictment.

Voir dire is the preliminary examination of prospective jurors by the judge and attorneys to identify any biases or conflicts of interest. This process ensures an impartial jury is selected for the trial.

During a preliminary hearing, the prosecution presents evidence to a judge to demonstrate that there is probable cause to believe a crime was committed and that the defendant committed it. If the judge agrees, the case is bound over for trial.

Substantive defenses focus on the facts of the crime itself, aiming to disprove, justify, or excuse the alleged criminal behavior. Examples include self-defense, insanity, and alibi. Procedural defenses, on the other hand, focus on violations of the defendant's constitutional rights during the investigation or trial.

In a criminal trial, the defense consists of the legal arguments, strategies, and evidence presented by the accused to counter the prosecution's charges. Its goal is to establish reasonable doubt or justify the defendant's actions.

A procedural defense asserts that the defendant's constitutional rights were violated during the arrest, questioning, or gathering of evidence. Examples include illegal searches or failing to read Miranda rights, which can lead to the dismissal of charges regardless of guilt.

Self-defense is a legal justification that allows individuals to use a reasonable amount of force to protect themselves or others from imminent harm. Procedural and substantive defenses are broader categories of legal arguments used in court, while immunity protects someone from prosecution.

Probable cause is the constitutional standard requiring a reasonable ground for belief that an accused person has committed a crime, which is necessary to obtain a warrant or make an arrest. While "reasonable cause" sounds similar, "probable cause" is the precise legal term used in the Fourth Amendment.

The best evidence rule is a legal principle that requires the original copy of a written document to be produced in court to prove its contents, unless it is unavailable for reasons other than the fault of the party offering it. The parol evidence rule, on the other hand, prevents the introduction of prior oral agreements that contradict a final written contract.