The Three Branch Of Government
Legislative Branch (Congress)
Is made up of the two houses of Congress—the Senate and the House of Representatives.
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Makes laws but can be checked.
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Makes sure the President and the courts don’t get too powerful.
Senate:
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has 100 members, with 2 senators from each state, no matter how big or small the state is.
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Senators serve 6-year terms, and their job is to help make laws, approve treaties, confirm presidential appointments (like judges and cabinet members), and put presidents on trial if they are impeached.
House Of Representative:
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has 435 members, and the number of representatives each state gets is based on its population—so bigger states have more representatives, and smaller states have fewer.
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Members of the House serve 2-year terms, and their main jobs are to make laws, control government spending (the budget), and bring impeachment charges against federal officials.
How they Check on the other two branches:
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On Executive: Override veto, approve appointments & treaties, control spending, impeach/remove President.
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On Judicial: Confirm judges, impeach/remove judges, create lower courts, propose constitutional amendments.
The system of checks and balances keeps power shared so no branch becomes too strong.
Executive Branch (President)
The president and other executive leaders, such as the vice president and the Cabinet. The president and the vice president are elected by the people, while cabinet members, who lead major departments in the federal government, are appointed by the president. The executive branch also has the power to create Executive Orders, which act as law for the federal government and its agencies.
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Enforces laws but can be stopped.
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Makes sure Congress and the courts don’t get too powerful.
The President:
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Leader of the country, head of government, and commander-in-chief of the military.
The Vice President:
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Helps the President and takes over if the President cannot serve.
The Cabinet:
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A group of advisors who head the 15 executive departments (like Defense, Education, Health, Treasury, etc.).
Executive Departments & Agencies:
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Organizations that handle specific areas, such as the FBI, CIA, NASA, and Environmental Protection Agency (EPA).
The Executive Office of the President (EOP):
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Includes offices that directly support the President, like the Office of Management and Budget (OMB) and the National Security Council.
How they Check on the other two branches:
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On Legislative: Veto laws, call special sessions of Congress, propose laws and federal budget.
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On Judicial: Appoint federal judges, including Supreme Court justices, grant pardons or reduce sentences for people convicted of federal crimes.
The system of checks and balances keeps power shared so no branch becomes too strong.
Judicial Branch
(Courts)
the court system of the country and comprises the United States Supreme Court and other federal courts. The Supreme Court is the highest court in the land; its decisions are final and cannot be overruled by any other court. Its decisions may only be altered by constitutional amendment or by a new ruling of the Supreme Court itself.
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Interpret laws but can’t act unless a case is brought.
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Makes sure Congress and the President don’t get too powerful.
The Supreme Court:
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The highest court in the U.S., with 9 justices (1 Chief Justice and 8 Associate Justices).
Lower Federal Courts:
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Courts of Appeals (Circuit Courts) – review decisions from lower courts.
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District Courts – the main trial courts where cases start.
Special Courts:
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Deal with specific types of cases, like tax courts, military courts, and bankruptcy courts
How they Check on the other two branches:
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On Legislative: Declare laws unconstitutional.
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On Executive: Declare actions unconstitutional, block enforcement if illegal.
The system of checks and balances keeps power shared so no branch becomes too strong.
Employment At Will Doctrine
The prevailing rule governing employer-to-employee relations states that an employer may terminate an employee at any time, for any reason outside the legal exceptions, without incurring liability. The employee may also leave a job at any time, and for no reason, without facing adverse legal consequences.
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Montana is the only state in the United States that does not use employment at-will by default. Employees are protected from being fired for no reason at all after a probationary period.
Limitations (Exceptions to At-Will Employment)
Despite its broad scope, there are important exceptions:
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Statutory exceptions: Cannot terminate for reasons that violate laws, such as:
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Discrimination (race, gender, age, religion, disability, etc.)
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Retaliation (for whistleblowing, filing a complaint, or union activity)
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Violations of labor and wage laws
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Contractual exceptions: If an employee has a written employment contract, collective bargaining agreement, or implied contract, the employer must follow those terms (e.g., Employee Handbooks or Policies, Performance Reviews and Feedbacks).
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Public policy exceptions: Most states prevent firing if it violates public policy (e.g., firing someone for refusing to break the law or for serving on a jury).
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Covenant of good faith and fair dealing (recognized in some states): Employers cannot terminate employees in bad faith (e.g., firing someone to avoid paying earned commissions).
Objective Evidences
Objective evidence refers to information, facts, or data that can be observed, measured, verified, and evaluated independently of personal opinions or bias. It is based on tangible proof rather than subjective feelings, interpretations, or assumptions.
Examples of: objective evidences
Employment/Workplace:
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Written performance evaluations with metrics (sales numbers, attendance records).
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Timecards, payroll records, or training certificates.
Legal/Investigations:
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Contracts, photographs, emails, or video surveillance.
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Witness testimony that is corroborated by documents.
Science/Research:
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Lab test results, experimental data, peer-reviewed findings.
Healthcare:
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Medical imaging, lab reports, vital signs.
Subjective Evidences
Subjective evidence refers to information or observations that are based on personal opinions, feelings, interpretations, or perceptions, rather than measurable facts. Unlike objective evidence, it cannot always be independently verified because it depends on an individual’s perspective which can lead to bias.
Examples of: Subjective evidences
Employment/Workplace:
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A manager saying: “I feel this employee isn’t motivated.”
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Peer feedback like: “She seems like she doesn’t fit in with the team.”
Legal/Investigations:
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Witness testimony about how they felt or what they believed someone intended.
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Character judgments (e.g., “He looked nervous, so I thought he was guilty”).
Healthcare:
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A patient reporting pain levels (“I feel severe pain in my back”).
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Symptoms like dizziness, fatigue, or anxiety that rely on self-reporting.
Science/Research:
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Personal impressions of results rather than measured data.
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Anecdotal observations.
How Evidences Work
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Direct Evidences
(Substantial)
Evidence that directly proves a fact without needing any inference.
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Strong and straightforward.
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Immediately shows the fact.
For example:
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A witness seeing someone steal a laptop.
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Video showing the act is direct evidence.
Courts often rely on direct evidences.
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Indirect Evidences
(Circumstantial)
Evidences that requires inference. You have to connect the dots to reach a conclusion. It doesn’t directly prove the fact, but it strongly suggests it.
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Can be just as strong if multiple pieces point to the same conclusion.
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Suggests the fact, but must be pieced together with other evidence.
For Example:
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Fingerprints on stolen laptop
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Employee was the only one with access.
Courts often rely on circumstantial evidence when direct evidence isn’t available.
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Comparative Evidences
(Pretext)
Evidence where past events, situations, or behaviors are compared to the current case to help draw conclusions. It doesn’t directly prove guilt or liability but helps show patterns, consistency, or differences that are relevant.
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Investigators, lawyers, or HR might look at similar past incidents to see if a current event fits a pattern.
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It’s often used in employment investigations, discrimination cases, or performance reviews.
Similarly situated employees: valid comparators:
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Have the same supervisor.
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Have similar job tasks and responsibilities.
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Have a similar employment history, including disciplinary actions and performance records.
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Engage in similar conduct without significant differentiating circumstances.
The classic way courts use to prove pretext in discrimination cases.
Probable Cause
Legal standard that means there is a reasonable reason to believe an illegal act has been committed or that evidence of a crime exists. It’s more than just a guess, but it doesn’t have to prove someone is guilty. Just enough evidence or facts to make it reasonable to take action.
Examples Of Probable Cause:
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Theft or fraud: Security footage shows an employee taking company property, or records show suspicious financial transactions linked to the employee.
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Workplace harassment or violence: Multiple credible complaints or eyewitness accounts indicate the employee engaged in harassment or violent behavior.
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Policy violations: Emails or messages clearly show the employee breaking company rules (e.g., sharing confidential information).
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Substance abuse at work: Observations of erratic behavior, confirmed by a failed drug test, provide reasonable grounds for action.