BUSA EXAM 1 PERRY BINDER GSU Exam Questions and Answers.
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Course
BUSAPERRY BINDER GSU
Institution
BUSAPERRY BINDER GSU
BUSA EXAM 1 PERRY BINDER GSU Exam Questions and Answers.BUSA EXAM 1 PERRY BINDER GSU Exam Questions and Answers.BUSA EXAM 1 PERRY BINDER GSU Exam Questions and Answers.
BUSA EXAM 1 PERRY BINDER GSU Exam Questions
and Answers.
ABERNATHY case - Correct answer binding case of precedence abernathy confirmed,
in order to recover psychological stress or damage, must prove it was caused a
PHYSICAL injury
lee case - Correct answer mother daughter car accident, parted from abernathy and
binding precedence, lee looked at abernathy as persuasive, courts of the same level
don't have to follow prior decisions ( could have thrown out), used abernathy and made
minor exceptrion
pepsi case - Correct answer -jurisdiction issues
-could have been filed anywhere bc diversity
-moved to FL FEDERAL COURTS BC DOCTRINE OF REMOVAL JURISDICTION,
move from state to federal if jurisdiction exists
-then moved to new york, went to trial and said no reasonable person would have seen
that commercial and thought they could win
-on paper and summary judge they were covered
exclusive jurisdiction - Correct answer -with anything on that superior list, you can't file
in state court
-power of the federal courts alone to hear certain cases
preemtion doctrine - Correct answer -example: colorado, oregon, federal crime and
against policy to make marijuana legal, if they use preemtion doctrine, they would over
turn state law
expressed contract - Correct answer 6 elements
implied contract - Correct answer missing one of the 6 elements and based on the
conduct of the defendant plaintiff reasonably agrees there is a contract
-could be pictures.... a rock and - Correct answer serve registered agents, not
employees of coorperation
mechanical bull - Correct answer -anyone who gets on should sign a waiver
-
mcdonalds coffee case - Correct answer -lots eye opening
-all at once were medical bills and went to jury and rewarded 200,000
-what doesnt get rewarded, motion of jnov is filed and reduces to 164,000$, concept of
*comparative neglegance*
-even if they got rewarded, if they were at all 20% liable there would be 0 verdict
, things to know for test - Correct answer -leaned a lot on GA law
-know all dates
-will not need to calculate anything, ratio thing with state campbell
*walmart case
- Correct answer -20 days to respond to federal ct
-30 days to state ga
-15 extra days file complaint
serve by discovery - Correct answer -once ur served, i only have to mail you things
ice case - Correct answer -about summary judgement
-issue of is icy conditions
-law on side, ask judge now and not go to jury
-2 ways to snatch from jury: 1) before trial 2) once jury makes verdict, if wildly
rediculous, ask judge to reduce
- Correct answer if u have a hint litigation is coming on down the rd, better option is to
retain an attorney (litigation "hold")
civil judgement - Correct answer -doctrine
-judge signs he has 30 days to sign an appeal
-Once the trial is over u write a paper saying who won, who lost. The piece of paper the
judge signs of who lost and how much. U have 30 days from the entry to file ur notice of
appeal if u wanna appeal
gm case - Correct answer -ethics involved in destroying documents
-talked more ab pain and suffering in punitive damages
-
aleo case - Correct answer -**gross neglegance** not just compensetary, punitive alo
-75% awarded, overturned so not enforced
-no cap or limitation
-everything else including gross neglegance claim
-(if its just gross neglegance claim and u r awarded 100,000, jnov involved and defense
does state v campbell analysis, if part of whack we try to reduce to 0, but doesnt work 9
to 1 ratio, plaintiff gets up and says this is wild case and shouldnt have4 been reduced
at all, whatever judge rules 1 or more can appeal,
punitive damages - Correct answer -clear and convincing
-between feather and rock
-3 cases to try to recover punitive damages
-no cap on what jury can award
-preserving evidence - Correct answer if someone wronged you, dont let anyone get rid
of evidence
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