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BUSA Exam 1 Review Perry Binder GSU: Questions & Answers (Well Detailed)

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BUSA Exam 1 Review Perry Binder GSU: Questions & Answers (Well Detailed)

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BUSA Exam 1 Review Perry Binder GSU: Questions &
Answers (Well Detailed)

Superior court Right Ans - Felonies, equity cases, divorce, title to land

Declaratory action Right Ans - Asking judge to interpret terms of contract

Specific performance Right Ans - Ask judge to force someone to follow
current contract

Injunction Right Ans - Request to have someone stop doing something

Quantum meruit Right Ans - Value of service

Implied contract Right Ans - A contract formed in whole or in part from the
conduct of the parties

Federal court Right Ans - Constitutional issue, federal statute, $75,000 or
more and diversity of citizenship

Persuasive Precedent Right Ans - Judge can choose to follow case or not

Emotional distress Right Ans - In Georgia, to recover from emotional
distress it must be caused by physical injury

Loss of consortium Right Ans - Loss of love and affection from spouse

Removal Right Ans - The right of the defendant to move case from state to
federal if jurisdiction exist in federal court

Steps for jurisdiction Right Ans - Subject matter, personal, venue

Due process Right Ans - Interacting with some part of the government

Substantive Right Ans - Law 13 is not specific/doesn't put on notice of
meaning

, Punitive damages Right Ans - damages exceeding simple compensation and
awarded to punish the defendant

Beyond reasonable doubt Right Ans - the standard of proof required in a
criminal trial (99% right)

preponderance of the evidence Right Ans - when a defendant is found to be
at least 51% responsible for damages

Clear and convincing evidence Right Ans - Only used when a law says to

Litigation Right Ans - legal proceedings

Standing to sue Right Ans - Has to be the person affected

Motion to dismiss Right Ans - Response to a complaint

Federal complaint Right Ans - 20 days

State/superior complain Right Ans - 30 days

Summons Right Ans - a notice directing someone to appear in court to
answer a complaint or a charge

Service of process Right Ans - delivery of a writ, summons, subpoena to the
person named therein

Substitute service Right Ans - If someone you live with receives your
salmon and is old enough to understand it it can be good service

Comparative negligence Right Ans - 1. Asked to assign a percent of liability
to plaintiff and defendant 2. If plaintiff is found 50% or more responsible
plaintive gets nothing

Statute of limitations Right Ans - the time within which a case must be
commenced

Statute of limitations for personal injury Right Ans - Two years

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