A
VI
TU
IS
M
O
BUSA EXAM 1 PERRY
A
BINDER GSU SOLVED
N
JP
CORRECTLY 2024!!
, 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
A
pepsi case - ANSWER -jurisdiction issues
-could have been filed anywhere bc diversity
VI
-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
TU
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
IS
-power of the federal courts alone to hear certain cases
preemtion doctrine - ANSWER -example: colorado, oregon, federal crime and against policy
M
to make marijuana legal, if they use preemtion doctrine, they would over turn state law
O
expressed contract - ANSWER 6 elements
implied contract - ANSWER missing one of the 6 elements and based on the conduct of the
A
defendant plaintiff reasonably agrees there is a contract
N
-could be pictures.... a rock and - ANSWER serve registered agents, not employees of
coorperation
JP
mechanical bull - ANSWER -anyone who gets on should sign a waiver
-
mcdonalds coffee case - ANSWER -lots eye opening
-all at once were medical bills and went to jury and rewarded 200,000
-what doesnt get rewarded, motion of jnov is filed and reduces to 164,000$, concept of
*comparative neglegance*
-even if they got rewarded, if they were at all 20% liable there would be 0 verdict
VI
TU
IS
M
O
BUSA EXAM 1 PERRY
A
BINDER GSU SOLVED
N
JP
CORRECTLY 2024!!
, ABERNATHY case - ANSWER binding case of precedence abernathy confirmed, in order to
recover psychological stress or damage, must prove it was caused a PHYSICAL injury
lee case - ANSWER mother daughter car accident, parted from abernathy and binding
precedence, lee looked at abernathy as persuasive, courts of the same level don't have to follow
prior decisions ( could have thrown out), used abernathy and made minor exceptrion
A
pepsi case - ANSWER -jurisdiction issues
-could have been filed anywhere bc diversity
VI
-moved to FL FEDERAL COURTS BC DOCTRINE OF REMOVAL JURISDICTION, move
from state to federal if jurisdiction exists
-then moved to new york, went to trial and said no reasonable person would have seen that
TU
commercial and thought they could win
-on paper and summary judge they were covered
exclusive jurisdiction - ANSWER -with anything on that superior list, you can't file in state
court
IS
-power of the federal courts alone to hear certain cases
preemtion doctrine - ANSWER -example: colorado, oregon, federal crime and against policy
M
to make marijuana legal, if they use preemtion doctrine, they would over turn state law
O
expressed contract - ANSWER 6 elements
implied contract - ANSWER missing one of the 6 elements and based on the conduct of the
A
defendant plaintiff reasonably agrees there is a contract
N
-could be pictures.... a rock and - ANSWER serve registered agents, not employees of
coorperation
JP
mechanical bull - ANSWER -anyone who gets on should sign a waiver
-
mcdonalds coffee case - ANSWER -lots eye opening
-all at once were medical bills and went to jury and rewarded 200,000
-what doesnt get rewarded, motion of jnov is filed and reduces to 164,000$, concept of
*comparative neglegance*
-even if they got rewarded, if they were at all 20% liable there would be 0 verdict
