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 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 a fee structure i hourly rate 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 ii job or task iii contingent fee 1 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 separate relevant from irrelevant 1 BUL 3310 Section 1 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 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 iv Conflict of laws the confusion comes when the decedent lives in florida died in Georgia and then owned real estate in south 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 d what the law permits vs what sound business practice dictates 2 BUL 3310 Section 1 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 a advantages i Certainty in the law ii Equality in the law iii b disadvantages Makes judicial decision making easier judicial efficiency i stagnation in the law lack of improvement in the law judicial system if always based off previous cases 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 THE FLORIDA STATE COURT SYSTEM also read pages 4 7 in target packet The Structure of the Florida Judicial System Appellate Courts appeal Supreme Court Seven Justices serve six year terms each Merit retention re election Sits in Tallahassee Five Justices constitute a quorum but usually all 7 are present sees about 100 150 cases District Courts of appeal 62 judges w six year terms each no elections merit retention public chooses Five Districts 1st District Tallahassee 15 Judges 2nd District Lakeland 14 Judges 3rd District Miami 11 Judges 4th District West Palm Beach 12 Judges 5th District Daytona Beach 10 Judges Cases are reviewed by a 3 judge panel These are oral arguments not trials 3 BUL 3310 Section 1 Trial Courts Circuit Courts FELONY 599 Judges six year terms ELECTIONS Twenty Judicial circuits JUDGES ARE DISTRIBUTED ACCORDING TO POPULATION Different number of judges in each circuit Judges preside individually County Courts misdemeanors 1 year or less in jail 322 Judges with six year terms At least one judge in each of the 67 counties Judges preside
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