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Exam (elaborations)

GBL 385 Exam 1 Questions And Answers With 100% Correct Answers

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  • Course
  • GBL 385
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  • GBL 385

Intentional Torts - o Torts in which the defendant possessed the intent or purpose to inflict the resultant injury Jurisdiction - o A court's jurisdiction is set by law and limited by territory and type of case o Is the authority of a court to hear and decide cases o Courts settle disputes A p...

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  • August 11, 2024
  • 6
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • GBL 385
  • GBL 385
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PatrickKaylian
GBL 385 Exam 1
Intentional Torts - o Torts in which the defendant possessed the intent or purpose to inflict the
resultant injury



Jurisdiction - o A court's jurisdiction is set by law and limited by territory and type of case

o Is the authority of a court to hear and decide cases

o Courts settle disputes

A private party v. government

State v. United States Government

Individual v. individual



Civil Law - o Anything that is not criminal in nature

o Proof needed: preponderance of the evidence

o Government v. private prosecutions

o The law of contracts, property, torts, employment, divorce, inheritance, tax and many other things



Criminal Law - o Civil infractions or Felony and misdemeanors

o Statutory in nature

o Proof needed: beyond reasonable doubt



Common Law - o Law made and applied, leading to precedents (stare decisis) by courts

o We adopted the common law from England

o Courts make law in the way that they interpret law (case law)



Precedent - o A similar case in the past that can be related to the current case



Equitable Powers of Courts - o If one is dissatisfied with the courts, you can appeal

, Burden of Proof - o The standard or test we apply in a trial

o Changes depending on if civil or criminal. Civil would be if 50% of evidence points to something



Burden of Persuasion - o The issue regarding who must prove their version of the case.

Criminal case: government

Civil case: Plaintiff must prove their case

o Right to remain silent, right to confront witnesses, right to an attorney



Federal Supremacy - o Occurs when there is a literal conflict between state and federal measures,
so that it is impossible to follow both simultaneously and

o The federal regulation is pervasive and

o The state regulation is an obstacle to fulfilling the purposes of the federal law

This establishes that federal law takes precedent over all state and local law

Establishes that state laws must not conflict with federal laws



Role of the Jury - We use the jury to determine facts



The 'police power' reserved by the states/ 10th amendment - o The 10th amendment states
powers not delegated to the US by the constitution, nor prohibited by it to the states, are reserved to the
states respectively, or to the people

o Police powers - the capacity of the states to regulate behavior and enforce order within a certain time
frame

Contracts

Property

Business associates

Liquor liability

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