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FSU BUL 3350 - Business Law Course Tools

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This being law class, in good humor, I, Harrison am hereby not held responsible for the outcomes of any results on any exams. I am not in any way tied to Florida State University or Professor Stauber. This study guide is simply all of my class notes and common knowledge simplified into a study guide. Good luck, and remember to review your own class notes as well. Class Notes:Business Law Course ToolsThe Legal Method of Thinking: the way people think when in a legal mind state or dealing with legal issues. One must:• Separate the relevant from the irrelevant: Take into account what is important and what isn’t• Be prepared to Vigorously Justify your position with an Arsenal of Supportive Data and Fact: Take a side in a legal issue and have facts to support your case• Develop an ability to “think on your feet”: You never know exactly how a case will turn out or what the opposing side will say, so always be ready to fire back with your own dataSemantics: What a word means (The branch of the science of language that deals with the meaning of words). • This is very important in law. One word could determine an outcome of an entire case. Examples include:o In vs. On. Rape case where conflicting evidence stated that criminal placed hands in a girls genitalia whereas later it was stated that his hands where on her genitalia. In vs. on is the difference between sexual assault and sexual molestation by law. It was ruled sexual molestation because there was conflicting evidence.o Reasonable is a big word in the legal language, ex. Reasonable doubt, reasonable hours...etc… Reasonable depends on the circumstance and is usually decided upon proper common judgment and precedent. o Infant, in legal terms, is a minor. o Recall the case where a father signed his will “Daddy”. A signature is defined as any symbol authenticating writing. Therefore “Daddy” is a valid signature. Also, it is defined that a “statute” is a law passed without signature or grammar. In this case, the main issue was what the law permits versus what sound business practice dictates (a normal signature). Stare Decisis: the doctrine of precedent. Previous outcomes of cases are examined to come to a current conclusion. Judges always look to this when tied up. It guarantees:• Certainty in the law• Equality in the law• Makes judicial decision making easierHowever, it is a problem when stagnation comes into play. Stagnation is when precedents are outdated in reference to current social norms, like segregation.The Supreme Court of Florida (Overview)Organization:• This is the highest court in the State of Florida. • Has seven justices• Five justices are needed to operate• Official headquarters is the Supreme Court in Tallahassee• To be a justice, must be a registered voter living in Florida who has practiced law in the last ten years• Judges are chosen upon merit, as designated in 1976, instead of being voted in.• Citizens can vote if “such judge” can be retained in office. The Chief Justice• One of the justices is elected chief justice by a majority vote upon the judges. Their responsibilities include being present at every proceedings of the court. They must also assign justices and judges, including retired judges in case of emergencies. Watches over judicial budget to the legislature. Must also preside impeachment proceedings in the Senate. The Office of the State Courts Administrator• The office of the state courts administrator was made in 1972 with an emphasis on the development of a uniform case reporting to have documents on all court proceedings as well as budget and need for judgesThe Clerk• Article V section 3 of the Florida Constitution of 1972 states that the Supreme Court has the power to appoint a clerk during leaves of absences. All papers and files of the court are in the custody of the clerk. The Marshal• Same section of the constitution as above. Appointed by Supreme Court for their leaves of absences to carry out the process of the court during this timeJurisdiction• This is where the court has the ability to Judge over• Hears all direct appeals in all cases where a final decision of a trial court has imposed a sentence of death or validated bonds or certificates of indebtedness. • Hears when a district court of appeal declares a state law invalid• May review any district court of appeals decision on a state law• May also review judgments and decisions by the district court of appeal and federal appellate courts• May give temporary legal orders during extraordinary situations. (prohibition, habeas corpus etc)• Habeas corpus is the most commonly used, when someone jailed seeks to be let out because of wrongful imprisonment. The person jailed can see a judge about whether or not they are rightfully jailed (not whether or not they are actually guilty)• Also can advise the governor upon request on their judicial powers. • Has power to regulate lawyers in Florida and their personal code of conduct• Has power to remove and discipline judicial officers. • Florida supreme court has second highest caseload in the nation for state courtsThe District Court of Appeal• The majority of trial court decisions which are appealed never reach the Supreme Court. • They are reviewed by the three judge panel of the District Court of Appeal• There are five districts where such judges review cases. Tallahassee, Lakeland, Miami, West Palm, Daytona Beach• Have the same eligibility requirements as Supreme Court Judges and same process of introduction to office and retention in office• Each district has a chief judge who is selected by the body of judges• Jurisdiction includes cases that are appealed and not directly seeable by the Supreme Court• Are permitted to issue temporary legal orders just like the Supreme Court• Case in appellate court can only be heard by State or Federal Supreme Court if appealed at this levelThe Circuit Courts• Until 1973, Florida had many different types of circuit courts• Now has simple two tier system. • There are 20 circuit courts• The most judges are in Dade County• Least judges are in Monroe county• To be a circuit court judge one must have been practicing law for five years, be a FL resident and a registered voter• Six year terms, but are ELECTED by the voters of the circuits against other candidates• Subject to same disciplinary standards• Judges over cases that: are not assigned to county


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