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LEB 320F Court Cases Exam Questions and Answers
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LEB 320F Court Cases Exam Questions and Answers
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LEB 320F Court Cases Exam Questions and AnswersWhat is Podias vs Mairs and example of? - Answer -Good samaritan laws, possibly precedents
Podias v. Mairs - Answer -Negligence--Duty--Nonfeasence--Exceptions
Case: D was drinking at the home of a friends. He drove with two other friends (D2 and D3), all 18. D1 was driving; it was raining; the road was wet. D1 lost control of the car, struck the motorcycle of P, and went over the guardrail. All Ds huddled around the car and saw that P was lying in the roadway, and thought he was dead. D1 told D3 that he thought D1 killed P. No one called for assistance, D1 called his girlfriend on D3's phone.
D2 placed 17 calls. There were 26 more calls on D3's phone. None were calls to emergency assistance. All Ds decided to get back in the car and leave the scene. D2 told D1 not to bring him or D3 up. They drove until D1's car broke down and D2 & D3 ran into the woods (D1 hid in a bush for his girlfriend). Meanwhile, a motor vehicle operated by another person ran over P who died as a result of injuries sustained in these accidents.
Podias vs Mairs ruling - Answer -Criminal: possible manslaughter
Civil: wrongful death
Set precedent for good samaritan law: "notion of fairness and common decency and is in account with public policy" > duty to make reasonable effort to give assistance/avoid further harm Amended law: cant leave scene of an accident Case was reversed an remanded and retried in lower court with new law
What is Soldano vs O'Daniels an example of? - Answer -Good Samaritan Laws
Soldano v. O'Daniels - Answer -- Plaintiff's father shot & killed at saloon, patron came into Circle Inn & asked bartender to call police or let him use the phone, bartender refused
- Plaintiff alleges: Circle Inn employee did not fulfill his legal duty to help
Soldano vs O'Daniels ruling - Answer -Court held:
- Harm was foreseeable & imminent, certainty of injury
- While may not have had a duty to help, DID have a duty to NOT HINDER others from helping --> so yes, he was liable Big Idea: foreseeability, action vs inaction
What is Tarasoff vs Board of regents an example of? - Answer -Duty and foreseeability tort
Tarasoff vs. Board of Regents of the University of California - Answer -- Doctor was treating patient she was concerned was a dangerous individual, but did not warn authorities due to doctor/patient confidentiality - Individual harmed someone and victim's family sued doctor's employer
Tarasoff vs Board of Regents ruling - Answer -- CA Supreme court ruled medical professionals have duty to protect individuals from bodily harm that could potentially be caused by patient
- New laws can be retried in civil case = remanded
What is the Bristol Meyers Squibb vs Superior court an example of? - Answer -
Jurisdiction
Bristol Meyers Squibb vs Superior court - Answer -- 600 people harmed by drug, people
of CA sue BMS
- Focus on case shifted to jurisdiction > BMS "doesn't belong in court in CA" because HQ and state of formation is in Delaware - CA has no general jurisdiction
BMS vs Superior court ruling - Answer -- Lowe court ruled CA had specific jurisdiction based on sliding scale approach - BMS could be tried in CA
- Went to supreme court, used Calder effects test to try BMS
1. Must show intentional acts
2. Must show acts were aimed at forum state
3. Must show D caused harm and new acts would cause harm
- Supreme court ruled BMS did not meet requirement #2, CA has no specific jurisdiction
- reversed decision
What is Ashcroft vs Iqbal an example of? - Answer -Conceivable vs plausible and failed to plead sufficient facts
Ashcroft vs. Iqbal - Answer -Pakistan citizen arrested around the wake of 9/11 on criminal charges. The man claimed that he was deprived of various constitutional protections while in federal custody due to his race, ethnicity and religion. The man filed a complaint against people including a former Attorney General (Ashcroft) and the director of the FBI. Ashcroft appealed the charges and it went to the Supreme Court.
Ashcroft vs Iqbal ruling - Answer -- Interlocutory appeal
- Did the complainant have enough evidence to make it past threshold in court - Ashcroft filed MTS
- Conceivable vs plausible
- No legal claim: detaining of Muslims was justified do to events of 9/11 - MTD granted - The Supreme Court said that the plaintiff did not have sufficient evidence and would need to regroup and try again at the lower courts. - Iqbal settled eventually and received a large sum of money.
What is Riley vs Willis an example of? - Answer -Tort case, Contributory/comparative negligence
Riley vs. Willis - Answer -Willis was walking dog w/o a leash and he leaned into the road
and was hit by Riley
Riley vs Willis ruling - Answer -In original trial, Riley ordered to pay 60% of the damages
- Reversible error: request instruction accurately state applicable law, facts of case support given instruction, instruction was necessary for jury to reach accurate decision - Riley appealed bc judge didn't inform jury that there was a dog leash law - judge gave incorrect jury instructions
- Case was reversed and remanded for new trial as judge failed to mention law about having dogs on leashes
What is Magee vc BEA construction as example of? - Answer -Role of judge in courtroom
Magee vs BEA Construction - Answer -- PR contractors, BEA, hired to build home in NJ
for $85k - could there be SMJ/diversity of citizenship?
- builders did not follow contract (oral contract)
- Followed up with secondary contract - still not follow = breach of contract, and brought to court - Issue: did construction company filed case properly? - No
Magee vs BEA ruling - Answer -- "Courts are most frequently moved to help those that help themselves" - BEA did nothing to help themselves, non-active participants
- Magee filed case correctly
- Appellate court ruled against BEA, BEA filed appeal that was denied
What is SEC vs Gisburg an example of? - Answer -Role of judge and jury in courtroom
SEC vs. Ginsburg - Answer -Ginsburg, the CEO of Evergreen Media, met with two corporations about acquisition of their company. Ginsburg called both his brother and his father and informed them of the acquisitions. Both the brother and the father bought large amounts of stocks for both acquisitions and sold them once the stock price rose to
make large amounts of money. The SEC brought charges of civil insider trading against Ginsburg alleging that he had communicated material that was nonpublic to his bother and his father.
SEC vs Ginsburg Ruling - Answer -- A jury found for the SEC
- However, the district judge entered a judgement as a matter of law for Ginsburg, concluding that the evidence was insufficient to find him guilty.
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