BUSA - Exam 1 Study Guide - Perry Binder UPDATED ACTUAL Questions
and CORRECT Answers
1. Plantiff civil action against defendant; the accuser in a case
2. Prosecutor District attorney (Felony); Misdemeanor (Solicitors); Federal (U.S. Attorney)
3. Defendant In a criminal action, the person or party accused of an offense
4. The state must 1. Does the defendant owe a duty to plaintiff?
prove every ele- 2. Did the defendant "breach" that duty?
ment of a crime 3. By "proximately causing"
and a plaintiff 4. Damges
must prove every
element of a civil *Prove all in order to win*
action - List the 4 Ex. Palsgraf case 3/4 (did not win)
elements of Neg-
ligence
5. 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 aflrmed this decision, but the Court
of Appeals of New York reversed.
- Negligence case
6. Proximate Cause
Ex. Palsgraf and
Video game case;
hurting your
back in a car acci-
dent, then break-
ing, and losing an
,1. Was it foreseeable to the
defendant?
2. If not, it breaks the chain of
causation
, arm in the ambu-
lance
7. 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
- Parents of the three dead children sued the producers & distributors of the
violent video games & movie
- Lost because it wasn't foreseeable
8. Negligence carelessness
9. What are the 5 1. Cases
Sources of Law? 2. Statutes
3. Constitutions
4. Administration Regulations
5. Preemption Doctrine
10. What are the 2 Laws and Legislatures; Federal/ State (congress)
statutes of law?
11. How many con- 51
stitutions are
there?
12. Who passes Ad- State or Federal agencies (IRS)
min. Regula-
tions?
13. Preemption Doc- If there is a conflict between state and federal law; federal always wins
trine
14. Federal Trial Court
and CORRECT Answers
1. Plantiff civil action against defendant; the accuser in a case
2. Prosecutor District attorney (Felony); Misdemeanor (Solicitors); Federal (U.S. Attorney)
3. Defendant In a criminal action, the person or party accused of an offense
4. The state must 1. Does the defendant owe a duty to plaintiff?
prove every ele- 2. Did the defendant "breach" that duty?
ment of a crime 3. By "proximately causing"
and a plaintiff 4. Damges
must prove every
element of a civil *Prove all in order to win*
action - List the 4 Ex. Palsgraf case 3/4 (did not win)
elements of Neg-
ligence
5. 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 aflrmed this decision, but the Court
of Appeals of New York reversed.
- Negligence case
6. Proximate Cause
Ex. Palsgraf and
Video game case;
hurting your
back in a car acci-
dent, then break-
ing, and losing an
,1. Was it foreseeable to the
defendant?
2. If not, it breaks the chain of
causation
, arm in the ambu-
lance
7. 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
- Parents of the three dead children sued the producers & distributors of the
violent video games & movie
- Lost because it wasn't foreseeable
8. Negligence carelessness
9. What are the 5 1. Cases
Sources of Law? 2. Statutes
3. Constitutions
4. Administration Regulations
5. Preemption Doctrine
10. What are the 2 Laws and Legislatures; Federal/ State (congress)
statutes of law?
11. How many con- 51
stitutions are
there?
12. Who passes Ad- State or Federal agencies (IRS)
min. Regula-
tions?
13. Preemption Doc- If there is a conflict between state and federal law; federal always wins
trine
14. Federal Trial Court
