BUSA EXAM 2|| PERRY BINDER GSU
LATEST AND FULLY COVERED VERSION
2024-2025 WITH VERIFIED SOLUTIONS|
ABERNATHY case - -ANSWER--binding case of precedence abernathy confirmed, in
order to recover psychological stress or damage, must prove it was caused a
PHYSICAL injury
lee case - -ANSWER--mother daughter car accident, parted from abernathy and binding
precedence, lee looked at abernathy as persuasive, courts of the same level don't have
to follow prior decisions ( could have thrown out), used abernathy and made minor
exceptrion
pepsi case - -ANSWER---jurisdiction issues
-could have been filed anywhere bc diversity
-moved to FL FEDERAL COURTS BC DOCTRINE OF REMOVAL JURISDICTION,
move from state to federal if jurisdiction exists
-then moved to new york, went to trial and said no reasonable person would have seen
that commercial and thought they could win
-on paper and summary judge they were covered
exclusive jurisdiction - -ANSWER---with anything on that superior list, you can't file in
state court
-power of the federal courts alone to hear certain cases
state farm vs campbell - -ANSWER--When we look at the punitive:compensatory the
ratio should not exceed 9:1 except wildly unusual/exceptional cases.
majority - -ANSWER--6-3
court opinions *4*
, Contains binding precedent.
concurring - -ANSWER--court opinions *2*
Not law/BP. Written by a judge in the majority but for different reasons.
-a signed opinion in which one or more members agree with the majority view but for
different reasons
dissent - -ANSWER--court opinions *3*
Minority. Not law/BP but guide for future cases
statute of limitations - -ANSWER--The amount of time that a plaintiff must file a case in
the court.
2 years - -ANSWER--statute of limitations for personal injury
4 years - -ANSWER--statute of limitations for property damage
6 years - -ANSWER--statute of limitations for written contract
4 years` - -ANSWER--statute of limitations for oral contract
4 years - -ANSWER--statute of limitations for Universal Code Contract (UCC)
unanimous opinion - -ANSWER--9-0
in complete agreement
en banc opinion - -ANSWER--Every judge hears the case.
Referring to an appellate hearing with all judges participating
Dicta opinion - -ANSWER--Not law just evidence for future but a hypothetical contained
in a majority opinion
complaint - -ANSWER--Contains the plaintiffs argument.
Contract. Part of pleading
Answer and Affirmative defenses - -ANSWER--*The defendants legal argument.*
1-Payment: "I paid the whole thing and I can prove it." (contract)
2-Set-off: "i pay part of the contract." (contract)
*3-Assumption of risk- Agree to the rules and assume the risks. (torts; baseball fans
assume the risk of ball to the face.) *
*4-Comparative negligence- P is fully/partially responsible for injuries. if P is found 50%
or more responsible, s/he loses the case. (tort)*
counterclaim - -ANSWER--A vs. B then B vs A
LATEST AND FULLY COVERED VERSION
2024-2025 WITH VERIFIED SOLUTIONS|
ABERNATHY case - -ANSWER--binding case of precedence abernathy confirmed, in
order to recover psychological stress or damage, must prove it was caused a
PHYSICAL injury
lee case - -ANSWER--mother daughter car accident, parted from abernathy and binding
precedence, lee looked at abernathy as persuasive, courts of the same level don't have
to follow prior decisions ( could have thrown out), used abernathy and made minor
exceptrion
pepsi case - -ANSWER---jurisdiction issues
-could have been filed anywhere bc diversity
-moved to FL FEDERAL COURTS BC DOCTRINE OF REMOVAL JURISDICTION,
move from state to federal if jurisdiction exists
-then moved to new york, went to trial and said no reasonable person would have seen
that commercial and thought they could win
-on paper and summary judge they were covered
exclusive jurisdiction - -ANSWER---with anything on that superior list, you can't file in
state court
-power of the federal courts alone to hear certain cases
state farm vs campbell - -ANSWER--When we look at the punitive:compensatory the
ratio should not exceed 9:1 except wildly unusual/exceptional cases.
majority - -ANSWER--6-3
court opinions *4*
, Contains binding precedent.
concurring - -ANSWER--court opinions *2*
Not law/BP. Written by a judge in the majority but for different reasons.
-a signed opinion in which one or more members agree with the majority view but for
different reasons
dissent - -ANSWER--court opinions *3*
Minority. Not law/BP but guide for future cases
statute of limitations - -ANSWER--The amount of time that a plaintiff must file a case in
the court.
2 years - -ANSWER--statute of limitations for personal injury
4 years - -ANSWER--statute of limitations for property damage
6 years - -ANSWER--statute of limitations for written contract
4 years` - -ANSWER--statute of limitations for oral contract
4 years - -ANSWER--statute of limitations for Universal Code Contract (UCC)
unanimous opinion - -ANSWER--9-0
in complete agreement
en banc opinion - -ANSWER--Every judge hears the case.
Referring to an appellate hearing with all judges participating
Dicta opinion - -ANSWER--Not law just evidence for future but a hypothetical contained
in a majority opinion
complaint - -ANSWER--Contains the plaintiffs argument.
Contract. Part of pleading
Answer and Affirmative defenses - -ANSWER--*The defendants legal argument.*
1-Payment: "I paid the whole thing and I can prove it." (contract)
2-Set-off: "i pay part of the contract." (contract)
*3-Assumption of risk- Agree to the rules and assume the risks. (torts; baseball fans
assume the risk of ball to the face.) *
*4-Comparative negligence- P is fully/partially responsible for injuries. if P is found 50%
or more responsible, s/he loses the case. (tort)*
counterclaim - -ANSWER--A vs. B then B vs A
