BUSA - Exam 1 Study Guide - Perry Binder
With Solutions 100% Complete
Palsgraf Case - 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 1. Was it foreseeable to the defendant?
2. If not, it breaks the chain of causation
Video Game Case - 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
, BUSA - Exam 1 Study Guide - Perry Binder
With Solutions 100% Complete
- Parents of the three dead children sued the producers & distributors of the violent video games
& movie
- Lost because it wasn't foreseeable
Negligence carelessness
What are the 5 Sources of Law? 1. Cases
2. Statutes
3. Constitutions
4. Administration Regulations
5. Preemption Doctrine
What are the 2 statutes of law? Laws and Legislatures; Federal/ State (congress)
How many constitutions are there? 51
Who passes Admin. Regulations? State or Federal agencies (IRS)
, BUSA - Exam 1 Study Guide - Perry Binder
With Solutions 100% Complete
Preemption Doctrine If there is a conflict between state and federal law; federal always wins
U.S. District Court Federal Trial Court
U.S. Court of Appeals (11th Circuit) Federal 1st Appellate Level; a right to appeal
U.S. Supreme Court - Federal 2nd Appellate Level
- 9 Judges
- Have to convince 4 out of 9 to do certiorari
GA Magistrate Court - State Trial Court
- Handles cases up to $15,000
- Small claims court
GA State/ Superior Court - State Trial Court
- Handles cases over $15,000
GA Court of Appeals State 1st Appellate Court; a right to appeal
With Solutions 100% Complete
Palsgraf Case - 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 1. Was it foreseeable to the defendant?
2. If not, it breaks the chain of causation
Video Game Case - 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
, BUSA - Exam 1 Study Guide - Perry Binder
With Solutions 100% Complete
- Parents of the three dead children sued the producers & distributors of the violent video games
& movie
- Lost because it wasn't foreseeable
Negligence carelessness
What are the 5 Sources of Law? 1. Cases
2. Statutes
3. Constitutions
4. Administration Regulations
5. Preemption Doctrine
What are the 2 statutes of law? Laws and Legislatures; Federal/ State (congress)
How many constitutions are there? 51
Who passes Admin. Regulations? State or Federal agencies (IRS)
, BUSA - Exam 1 Study Guide - Perry Binder
With Solutions 100% Complete
Preemption Doctrine If there is a conflict between state and federal law; federal always wins
U.S. District Court Federal Trial Court
U.S. Court of Appeals (11th Circuit) Federal 1st Appellate Level; a right to appeal
U.S. Supreme Court - Federal 2nd Appellate Level
- 9 Judges
- Have to convince 4 out of 9 to do certiorari
GA Magistrate Court - State Trial Court
- Handles cases up to $15,000
- Small claims court
GA State/ Superior Court - State Trial Court
- Handles cases over $15,000
GA Court of Appeals State 1st Appellate Court; a right to appeal
