For example, let’s say Joe get fired because he was caught drinking alcohol on his lunch break, but Joe sues for wrongful termination claiming that he is an alcoholic and that there are laws protecting him from being fired because he considers his alcohol addiction a medical condition.
The first question to decide in this case is whether or not Joe’s drinking was a result of alcoholism (as opposed to just careless, bad judgment). This would be a question of fact because the question is specific only to this case – whether or not Joe is an alcoholic will have nothing to do with any other person’s case even if they were suing their employer over a similar situation.
To recap, here are the key things you’ll need to remember for your exam:
- Questions of fact
- Inquire about the facts of one specific case
- May be decided on by a judge or a jury
- Questions of law
- Consider how the law should apply to any similar case
- Are only decided on by a judge (never a jury)
One thing you don’t have to question
The level of help you’ll get from all of our study guides. We add additional, easy-to-understand clarification like this when the CPCU textbook is lacking in explanation. Get more help with our comprehensive study materials!
CPCU 530 Study Materials
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Based on CPCU 530: Applying Legal Concepts to Insurance (1st edition)
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Online video lessons (with captions & full transcripts)-
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