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BUSA Exam 1 Study Guide - Perry Binder: Questions & Precise Answers (100%)
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BUSA Exam 1 Study Guide - Perry Binder: Questions & Precise Answers (100%)
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BUSA Exam 1 Study Guide - Perry Binder: Questions &Precise Answers (100%)
Plantiff Right Ans - civil action against defendant; the accuser in a case
Prosecutor Right Ans - District attorney (Felony); Misdemeanor
(Solicitors); Federal (U.S. Attorney)
Defendant Right Ans - In a criminal action, the person or party accused of
an offense
The state must prove every element of a crime and a plaintiff must prove
every element of a civil action - List the 4 elements of Negligence Right Ans
- 1. Does the defendant owe a duty to plaintiff?
2. Did the defendant "breach" that duty?
3. By "proximately causing"
4. Damges
*Prove all in order to win*
Ex. Palsgraf case 3/4 (did not win)
Palsgraf Case Right Ans - - The Plaintiff was standing on a railroad platform
purchasing a ticket, when a train stopped and two men ran forward to catch it.
One of the men nearly fell, and two railroad employees attempted to help him.
In the process, a package containing fireworks fell and the contents exploded.
As a result of the explosion some scales at the other end of the platform fell
and struck the Plaintiff. Plaintiff sued and a jury found in her favor. The
Appellate Division affirmed this decision, but the Court of Appeals of New
York reversed.
- Negligence case
Proximate Cause
Ex. Palsgraf and Video game case; hurting your back in a car accident, then
breaking, and losing an arm in the ambulance Right Ans - 1. Was it
foreseeable to the defendant?
2. If not, it breaks the chain of causation
, Video Game Case Right Ans - - Michael plays violent interactive video &
computer games that involved him shooting & playing with guns
- Michael brings .22 caliber pistol to school and shot several students
- Killed 3 students, Jessica, Kayee, and Nicole
- Parents of the three dead children sued the producers & distributors of the
violent video games & movie
- Lost because it wasn't foreseeable
Negligence Right Ans - carelessness
What are the 5 Sources of Law? Right Ans - 1. Cases
2. Statutes
3. Constitutions
4. Administration Regulations
5. Preemption Doctrine
What are the 2 statutes of law? Right Ans - Laws and Legislatures; Federal/
State (congress)
How many constitutions are there? Right Ans - 51
Who passes Admin. Regulations? Right Ans - State or Federal agencies
(IRS)
Preemption Doctrine Right Ans - If there is a conflict between state and
federal law; federal always wins
U.S. District Court Right Ans - Federal Trial Court
U.S. Court of Appeals (11th Circuit) Right Ans - Federal 1st Appellate Level;
a right to appeal
U.S. Supreme Court Right Ans - - Federal 2nd Appellate Level
- 9 Judges
- Have to convince 4 out of 9 to do certiorari
GA Magistrate Court Right Ans - - State Trial Court
- Handles cases up to $15,000
- Small claims court
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