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BUL 3310 Section 1Exam 1 Study GuideTest Info multiple choice, 33 questions (each worth 3 points), 70 minutes to complete the test test questions will be on the lecture material, target packet material, materialin 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.49OBJECTIVES:1) awareness of legal pitfallsa. 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 sexualharassment claim) then you will likely need to dig deeper and contact your lawyer2) communication with lawyersa. fee structure i. hourly rate1. 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. ii. job or task1. different job/tasks/cases will cost different money and require different attention. Such as writing a will. iii. contingent fee1. 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 fromthe 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:1BUL 3310 Section 11) separate relevant from irrelevanta. time is money. Avoid wasting times. 2) be prepared to vigorously justify your position with an arsenal of supportivedata and facta. 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 Tools1) Semantics: the branch of the science of language that deals with the meanings of words 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 themeaning 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 reasoninga. AKA how judges make decisionsb. Example: i. law  by statute, all unsigned wills are void.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 2BUL 3310 Section 1Carolina. 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 writingi. dad- signatured. what the law permits vs. what sound business practice dictatese. ex: you CAN sign something in pencil legally, but why would you whenyou 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”.g. intestate laws = laws applicable to those individuals who die without having a valid willh. florida intestate law (see blackboard document)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”)a. it gives both certainty and predictability of the law.b. Uses this to ensure people in business have a good sense of confidencein 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 1. Rely on this decision and conform requirements to law ii. Equality in the law 1. An example would be sentencing (criminal sentencing)2. Value equality in lawiii. Makes judicial decision making easier (judicial efficiency) 1. uses cases before to determine outcome2. only need to be updatede. disadvantages:i. stagnation in the law  lack of improvement in the law/judicial system if always based off previous cases ii. outdated. Example Roe V. Wade may not be the same today as it was previously.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 “bewareof dog” sign, the judge/jury would most likely utilize COMMON SENSE and rule that the victim was indeed


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FSU BUL 3310 - Exam 1

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