BUSA 2106 EXAM #1: LEGAL AND ETHICAL
ENVIRONMENT OF BUSINESS QUESTIONS WITH
VERIFIED ANSWERS
Plaintiff - Answers - files the lawsuit
Defendant - Answers - criminal and/or civil offensor
Proximate Cause - Answers - - foreseeable to the defendant
- not a superseding cause to break the chain of causation
3 Statues of law - Answers - Cases, Statues, Admin. Regulations
Administrative Regulations - Answers - - Executive branch oversees agencies, they
pass these regulation to interpret code/law.
Elements of Negligence - Answers - 1- Does the defendant owe a duty to defendant?
2- Did defendant "breach" that duty?...
3- By "proximately causing"...
4- Damages
Preemption Doctorine - Answers - -If there is conflict between federal and state statue,
federal will prevail.
Trial Court - Answers - - Where you file a complaint
- ALL criminal and civil cases start here
-State, Mag., Superior State
1st App. Level - Answers - Right to Appeal
2nd App. Level - Answers - Certiorari
Certiorari - Answers - - Request to the highest court to take your case.
GA Magistrate - Answers - - for matters UP to $15,000
GA State/ Superior courts - Answers - - for matters OVER $15,000
Concurrent Jurisdiction - Answers - -jurisdiction shared by 2 or more courts
-can be both federal and state
Exclusive Jurisdiction - Answers - - Sole jurisdiction of a federal court to hear and
decide cases involving specified subject matters
, Cases that MUST go to Superior Court.. - Answers - -felonies, equity cases, divorce,
title to land
Equity Cases - Answers - -Cases dealing with fairness -cannot request a jury, only a
judge can deal with it.
Declaratory Action - Answers - - asking the judge to interpret a contract.
- happened after 9/11, when insurance companies needed to interpret whether it was a
single or double event
Specific Performance - Answers - -asking someone to stop doing something under a
contract
Injunction - Answers - - asking a judge to stop something bad.
- i.e. trying to stop a landowner from cutting down trees/other on your property line.
Quantum Meruit - Answers - -suing for the value of the services, not based on the
contract
Implied Contract - Answers - - some element of an expressed contract is missing, but
the conduct of the defendant led me believe we had a deal.
Reasons to go to Federal Court - Answers - 1. constitutional issue
2.Federal statue
3. $75,000 or more AND diversity of citizenship
Diversity of Citizenship - Answers - -citizens are from different states
-a citizen of a state and a citizen or subject of a foreign country
Binding Precedent - Answers - 1. Court from same jurisdiction
2. Must be a higher court (Court of Appeals, Superior)
3. Exact same issues
4. Exact same facts
Stare Decisis - Answers - to stand by decisions
Types of Jurisdiction - Answers - exclusive
,concurrent
,original
,removal
Removal Jurisidiction - Answers - -Right of a defendant to move a case from state court
to federal court, if they can establish jurisdiction in federal court.
Steps for Jurisdiction - Answers - 1. Subject matter
ENVIRONMENT OF BUSINESS QUESTIONS WITH
VERIFIED ANSWERS
Plaintiff - Answers - files the lawsuit
Defendant - Answers - criminal and/or civil offensor
Proximate Cause - Answers - - foreseeable to the defendant
- not a superseding cause to break the chain of causation
3 Statues of law - Answers - Cases, Statues, Admin. Regulations
Administrative Regulations - Answers - - Executive branch oversees agencies, they
pass these regulation to interpret code/law.
Elements of Negligence - Answers - 1- Does the defendant owe a duty to defendant?
2- Did defendant "breach" that duty?...
3- By "proximately causing"...
4- Damages
Preemption Doctorine - Answers - -If there is conflict between federal and state statue,
federal will prevail.
Trial Court - Answers - - Where you file a complaint
- ALL criminal and civil cases start here
-State, Mag., Superior State
1st App. Level - Answers - Right to Appeal
2nd App. Level - Answers - Certiorari
Certiorari - Answers - - Request to the highest court to take your case.
GA Magistrate - Answers - - for matters UP to $15,000
GA State/ Superior courts - Answers - - for matters OVER $15,000
Concurrent Jurisdiction - Answers - -jurisdiction shared by 2 or more courts
-can be both federal and state
Exclusive Jurisdiction - Answers - - Sole jurisdiction of a federal court to hear and
decide cases involving specified subject matters
, Cases that MUST go to Superior Court.. - Answers - -felonies, equity cases, divorce,
title to land
Equity Cases - Answers - -Cases dealing with fairness -cannot request a jury, only a
judge can deal with it.
Declaratory Action - Answers - - asking the judge to interpret a contract.
- happened after 9/11, when insurance companies needed to interpret whether it was a
single or double event
Specific Performance - Answers - -asking someone to stop doing something under a
contract
Injunction - Answers - - asking a judge to stop something bad.
- i.e. trying to stop a landowner from cutting down trees/other on your property line.
Quantum Meruit - Answers - -suing for the value of the services, not based on the
contract
Implied Contract - Answers - - some element of an expressed contract is missing, but
the conduct of the defendant led me believe we had a deal.
Reasons to go to Federal Court - Answers - 1. constitutional issue
2.Federal statue
3. $75,000 or more AND diversity of citizenship
Diversity of Citizenship - Answers - -citizens are from different states
-a citizen of a state and a citizen or subject of a foreign country
Binding Precedent - Answers - 1. Court from same jurisdiction
2. Must be a higher court (Court of Appeals, Superior)
3. Exact same issues
4. Exact same facts
Stare Decisis - Answers - to stand by decisions
Types of Jurisdiction - Answers - exclusive
,concurrent
,original
,removal
Removal Jurisidiction - Answers - -Right of a defendant to move a case from state court
to federal court, if they can establish jurisdiction in federal court.
Steps for Jurisdiction - Answers - 1. Subject matter
