BUL 3310 Section 1 Exam 1 Study Guide Test Info the test multiple choice 33 questions each worth 3 points 70 minutes to complete test questions will be on the lecture material target packet material material in the textbook and the material in the course documents koikos case intestate laws and article on commercial courts this study guide covers all of the above in depth however I do suggest simply referring to the course documents and target packet as you use this study guide I have put page references to look at in the target packet next to some of the topics below The extra details will only help you gain a better understanding for the test Review p 49 OBJECTIVES 1 awareness of legal pitfalls a for example if you were a manager of a walmart you need to think that hurricane issac is coming which will cause slippery floors Need to be aware of this pitfall and prepare with floor fans mats umbrella bags cones rugs etc the above situation is simplistic If something more complex occurs such as a sexual harassment claim then you will likely need to dig deeper and contact your lawyer 2 communication with lawyers fee structure a i hourly rate 1 ii job or task iii contingent fee 1 time is money Take this into account The longer it takes you to deal with issues the more money you re paying Good idea to write out the exact facts and rates 1 different job tasks cases will cost different money and require different attention Such as writing a will this means you are paying your lawyer based off a specific condition aka if they win Generally your contingent fee is about 30 of the money you earn from the settlement 2 Generally the more money you receive from the settlement the less percentage money the lawyer will receive For example if you make between 1 2 million they could receive 30 but if you make over 2 million they could receive 20 The Legal Method of Thinking 1 BUL 3310 Section 1 1 separate relevant from irrelevant a time is money Avoid wasting times 2 be prepared to vigorously justify your position with an arsenal of supportive data and fact a cases are largely dependent on back up evidence 3 develop an ability to think on your feet a the opposing team will likely ask questions that take you off guard Therefore its largely important to respond quickly and beneficially to your case Business Law Course Tools meanings of words 1 Semantics the branch of the science of language that deals with the a Semantics has such an impact on the case It could be a matter of losing or gaining millions of dollars b Ex the word infant means someone under 18 years old It is a synonym for minor c Ex the word reasonable is anything but precise If a company required their workers to work in a reasonable manner and they felt the employee did not since the word reasonable is dependent on the circumstances it would be up to the jury judge to decide this shows that sometimes we are very precise other times very loose in our legal words d Ex in and on In a recent case a child claimed a man put his hand both on and in my private parts If it was on then it would be molestation which is only 15 years in prison where as in would be sexual battery which is life in prison e Ex Koikos Case in blackboard course documents A dispute over the meaning of occurrence in an insurance policy determined whether the policy would cover 500 000 or 1 000 000 The argument was that each gunshot was considered a separate occurrence but the insurance company said they would all be grouped into one occurrence The lack of unambiguous language in the policy determined each shot could be a separate occurrence i Was not clearly written by insurance company so it was up for interpretation 2 Logic extracting legal rules from past cases by inductive reasoning a AKA how judges make decisions b Example law by statute all unsigned wills are void i ii Facts this will is unsigned iii Decision the will is void iv Conflict of laws the confusion comes when the decedent lives in florida died in Georgia and then owned real estate in south 2 BUL 3310 Section 1 Carolina In this case florida law applied because this is where his primary residence was c signature any symbol adopted by a party to authenticate a writing i dad signature d what the law permits vs what sound business practice dictates e ex you CAN sign something in pencil legally but why would you when you know it can be erased f Example of this in the daddy s will case where children C D argued that A B shouldn t get all the dad s money by arguing that he didn t sign it because the signature said daddy and he had no other legal documents that said daddy intestate laws laws applicable to those individuals who die without having a valid will florida intestate law see blackboard document h g 3 stare decisis the doctrine of precedent what s occurred before previous decisions by other judges latin for to stand by that which is decided it gives both certainty and predictability of the law a b Uses this to ensure people in business have a good sense of confidence in their actions c Precedence effects trial courts more than courts of review because they have the ability to make precedence in the first instance i An unpopular court ruling can be changed or overruled by the statute d advantages i Certainty in the law ii Equality in the law 1 Rely on this decision and conform requirements to law 1 An example would be sentencing criminal sentencing 2 Value equality in law iii Makes judicial decision making easier judicial efficiency 1 uses cases before to determine outcome 2 only need to be updated e disadvantages i stagnation in the law lack of improvement in the law judicial system if always based off previous cases it was previously ii outdated Example Roe V Wade may not be the same today as 4 common sense the law is not an enemy of common sense a can be tricky sometimes because people s views of common sense can vary b ex if a person was bit by a dog and there was no warning sign the owner of the dog would be responsible However if there is a beware of dog sign the judge jury would most likely utilize COMMON SENSE and rule that the victim was indeed liable since they were warned i What if sign said bad dog beware of dog can mean there is a dog if you have allergies or if you were afraid of dog 3 BUL 3310 Section 1 ii Supreme court said that bad dog and beware of dog is the same THE FLORIDA STATE COURT SYSTEM also read pages 4 7 in target packet The Structure of …
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