BUSA EXAM 1 PERRY BINDER GSU: Questions/Solutions
(Expert Answered)
ABERNATHY case Right Ans - binding case of precedence abernathy
confirmed, in order to recover psychological stress or damage, must prove it
was caused a PHYSICAL injury
lee case Right Ans - 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 Right Ans - -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 Right Ans - -with anything on that superior list, you
can't file in state court
-power of the federal courts alone to hear certain cases
preemtion doctrine Right Ans - -example: colorado, oregon, federal crime
and against policy to make marijuana legal, if they use preemtion doctrine,
they would over turn state law
expressed contract Right Ans - 6 elements
implied contract Right Ans - missing one of the 6 elements and based on
the conduct of the defendant plaintiff reasonably agrees there is a contract
-could be pictures.... a rock and Right Ans - serve registered agents, not
employees of coorperation
mechanical bull Right Ans - -anyone who gets on should sign a waiver
-
, mcdonalds coffee case Right Ans - -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
things to know for test Right Ans - -leaned a lot on GA law
-know all dates
-will not need to calculate anything, ratio thing with state campbell
*walmart case
Right Ans - -20 days to respond to federal ct
-30 days to state ga
-15 extra days file complaint
serve by discovery Right Ans - -once ur served, i only have to mail you
things
ice case Right Ans - -about summary judgement
-issue of is icy conditions
-law on side, ask judge now and not go to jury
-2 ways to snatch from jury: 1) before trial 2) once jury makes verdict, if
wildly rediculous, ask judge to reduce
Right Ans - if u have a hint litigation is coming on down the rd, better
option is to retain an attorney (litigation "hold")
civil judgement Right Ans - -doctrine
-judge signs he has 30 days to sign an appeal
-Once the trial is over u write a paper saying who won, who lost. The piece of
paper the judge signs of who lost and how much. U have 30 days from the
entry to file ur notice of appeal if u wanna appeal
gm case Right Ans - -ethics involved in destroying documents
-talked more ab pain and suffering in punitive damages
-
(Expert Answered)
ABERNATHY case Right Ans - binding case of precedence abernathy
confirmed, in order to recover psychological stress or damage, must prove it
was caused a PHYSICAL injury
lee case Right Ans - 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 Right Ans - -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 Right Ans - -with anything on that superior list, you
can't file in state court
-power of the federal courts alone to hear certain cases
preemtion doctrine Right Ans - -example: colorado, oregon, federal crime
and against policy to make marijuana legal, if they use preemtion doctrine,
they would over turn state law
expressed contract Right Ans - 6 elements
implied contract Right Ans - missing one of the 6 elements and based on
the conduct of the defendant plaintiff reasonably agrees there is a contract
-could be pictures.... a rock and Right Ans - serve registered agents, not
employees of coorperation
mechanical bull Right Ans - -anyone who gets on should sign a waiver
-
, mcdonalds coffee case Right Ans - -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
things to know for test Right Ans - -leaned a lot on GA law
-know all dates
-will not need to calculate anything, ratio thing with state campbell
*walmart case
Right Ans - -20 days to respond to federal ct
-30 days to state ga
-15 extra days file complaint
serve by discovery Right Ans - -once ur served, i only have to mail you
things
ice case Right Ans - -about summary judgement
-issue of is icy conditions
-law on side, ask judge now and not go to jury
-2 ways to snatch from jury: 1) before trial 2) once jury makes verdict, if
wildly rediculous, ask judge to reduce
Right Ans - if u have a hint litigation is coming on down the rd, better
option is to retain an attorney (litigation "hold")
civil judgement Right Ans - -doctrine
-judge signs he has 30 days to sign an appeal
-Once the trial is over u write a paper saying who won, who lost. The piece of
paper the judge signs of who lost and how much. U have 30 days from the
entry to file ur notice of appeal if u wanna appeal
gm case Right Ans - -ethics involved in destroying documents
-talked more ab pain and suffering in punitive damages
-
