BUSA 2106
With Solutions 100% Complete
JURISDICTION: binding vs persuasive precedent -binding must have all 4
-no cases are exactly alike, so persuasive precedent is usually used
-(persuasive precedence- Lee and Abernathy)
Superior court: -exclusive jurisdiction
preemption doctorine -if there is a conflict over fed and state laws, fed law rules
jurisdiction steps -what type of case?
-who/where is the defendant?
-where should the case be?
exclusive jurisdiction can't file in state courts
Highest source of law federal statute
, BUSA 2106
With Solutions 100% Complete
Service of process problem -your company must designate someone at the company to
receive a complaint
Assumption of the risk: Mechanical Bull case -sign a release/waiver
-thrown off and got hurt-watched others get on and saw how rough the bull was (AoR)
Hot Coffee Case -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 -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
With Solutions 100% Complete
JURISDICTION: binding vs persuasive precedent -binding must have all 4
-no cases are exactly alike, so persuasive precedent is usually used
-(persuasive precedence- Lee and Abernathy)
Superior court: -exclusive jurisdiction
preemption doctorine -if there is a conflict over fed and state laws, fed law rules
jurisdiction steps -what type of case?
-who/where is the defendant?
-where should the case be?
exclusive jurisdiction can't file in state courts
Highest source of law federal statute
, BUSA 2106
With Solutions 100% Complete
Service of process problem -your company must designate someone at the company to
receive a complaint
Assumption of the risk: Mechanical Bull case -sign a release/waiver
-thrown off and got hurt-watched others get on and saw how rough the bull was (AoR)
Hot Coffee Case -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 -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
