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BUSA 2106 Study Set – Complete With Accurate Solutions
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BUSA 2106 Study Set – Complete With Accurate Solutions
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BUSA 2106 Study Set – Complete With AccurateSolutions
Palsgraf case Right Ans - - she lost
- RR won
- proximate cause
1. forseeable
2. chain of causation is not superseding by events
Video game case Right Ans - - developers won
- not broken by superseding events
-not foreseeable
Abernathy case Right Ans - -Abernathy lost
-SC applied binding case precedent
-no emotional distress, must be caused by physical injury
Pepsi case Right Ans - -pepsi won
-won on summary judgement
-judge took away from jury
-"no reasonable person"
-jurisdiction: over 75,000- many places this case could have been filed
JURISDICTION: binding vs persuasive precedent Right Ans - -binding must
have all 4
-no cases are exactly alike, so persuasive precedent is usually used
-(persuasive precedence- Lee and Abernathy)
Superior court: Right Ans - -exclusive jurisdiction
Preemption doctorine Right Ans - -if there is a conflict over fed and state
laws, fed law rules
Jurisdiction steps Right Ans - -what type of case?
-who/where is the defendant?
-where should the case be?
Exclusive jurisdiction Right Ans - can't file in state courts
, Highest source of law Right Ans - federal statute
Service of process problem Right Ans - -your company must designate
someone at the company to receive a complaint
Assumption of the risk: Mechanical Bull case Right Ans - -sign a
release/waiver
-thrown off and got hurt-watched others get on and saw how rough the bull
was (AoR)
Hot Coffee Case Right Ans - -car stopped when happened
-she was not driving
-no warning: hot liquid
-20% responsible
-punitve damages reduced JNOV (shocked conscious of jury)
Wal-Mart case Right Ans - -denied existence of grease spill
-no relevant docs turned over
-found documents, then handed them over
-severely sanctioned with money damage if fail to turn over docs
due process Right Ans - gov't interacting with you
Discovery Right Ans - If discovery is served by plaintiff with the Complaint
and Summons:
-defendant has 30 days to respond the COMPLAINT
-45 days to respond to DISCOVERY
Assumption of risk Right Ans - -answer and affirmative defense
-you knew there was a risk of something happening
Comparative negligence Right Ans - -answer and affirmative defense
-
Interrogatories Right Ans - -written questions sent to you before you're
under oath
-sign them before notary
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