Toussaint Law 3220 EXAM ONE Rated 100% Correct!!
Study online at https://quizlet.com/_h4tu1h
1. CASE: Davis v. Baugh - common law
Industrial Contrac- - precedent = completion and acceptance doctrine (requires work to be
tors, Inc. completed and owner to have accepted the work)
- summary judgement
- goes to supreme court
HELD: reversed & remanded; court rejected previous common law rules and
accepted a more modern approach
2. CASE: Lamson v. - "ethics v. law"
Crater Lake Motors - Lamson fired because he didn't agree with un-ethical practices
- HELD: reversed; there was no wrongful discharge because Lamson was an
at-will employee
3. CASE: Davis v. West - HRS sued Davis, but she did not respond to the summonsed complaint so
the judge entered default judgement
- trial court said summary judgement
- HELD: affirmed; no issue of fact
4. CASE: Blimka v. My - wired money to pay for tons of really cheap jeans
Web Wholesaler LLC - sued for fraud (quality of jeans)
- default judgement (Idaho court has jurisdiction)
- defendant's actions of fraud invoked the long-arm statute
- HELD: affirmed; idaho has jurisdiction
5. CASE: Barbin v Asten- - moved to exclude "expert witness" bc of "dubious credentials and his lack
Johnson inc of expertise with regard to dryer felts and paper mills"
- judge told jury to decide if he was an expert or not (judge is suppose to
decide)
- HELD: reversed + remanded; judge errored
6. CASE: naples v. key- - "money damages"
stone building and - trial court only awarded half of the money it would take to fix the damages
development corp.
, Toussaint Law 3220 EXAM ONE Rated 100% Correct!!
Study online at https://quizlet.com/_h4tu1h
bc "did not meet burden of proof"
- HELD: reversed + remanded; plaintiff can only get more money though
7. CASE: Pre-Paid Legal - became a senior rep at PPLSi and had access to see the top performers, so
Services Inc v. Cahill he tried to poach them
- sign an agreement with PPLSi prohibiting the use of that info
- HELD: preliminary injunction ordered; PPLSi satisfied the 4 requirements
for injunction
8. CASE: Kelo v. City of - city used power of eminent domain to buy waterfront property and sell to
New London, Con- developers
necticut - issue: does the city's development plan serve a "public purpose"
- HELD: supreme court held; the takings satisfy the 5th amendment require-
ment of "taking for a public purpose"
9. CASE: Hughes v. Ok- - took minnows out of Oklahoma (against state law)
lahoma - HELD: supreme court reversed; state law in conflict with interstate commerce
(law should be less discriminatory to states)
10. CASE: Marshall v. Bar- - OSHA inspector asks to search work areas & Barlow refused admission w/
low out a warrant
- HELD: inspector must get a warrant
11. expert witness achieved through either education or experience (only experts can give an
opinion in court)
12. summary judgement no genuine issue of material fact
13. indemnity clause provided in a contract that the liability will fall back onto the other party
14. legislatures create statues
15. F
Study online at https://quizlet.com/_h4tu1h
1. CASE: Davis v. Baugh - common law
Industrial Contrac- - precedent = completion and acceptance doctrine (requires work to be
tors, Inc. completed and owner to have accepted the work)
- summary judgement
- goes to supreme court
HELD: reversed & remanded; court rejected previous common law rules and
accepted a more modern approach
2. CASE: Lamson v. - "ethics v. law"
Crater Lake Motors - Lamson fired because he didn't agree with un-ethical practices
- HELD: reversed; there was no wrongful discharge because Lamson was an
at-will employee
3. CASE: Davis v. West - HRS sued Davis, but she did not respond to the summonsed complaint so
the judge entered default judgement
- trial court said summary judgement
- HELD: affirmed; no issue of fact
4. CASE: Blimka v. My - wired money to pay for tons of really cheap jeans
Web Wholesaler LLC - sued for fraud (quality of jeans)
- default judgement (Idaho court has jurisdiction)
- defendant's actions of fraud invoked the long-arm statute
- HELD: affirmed; idaho has jurisdiction
5. CASE: Barbin v Asten- - moved to exclude "expert witness" bc of "dubious credentials and his lack
Johnson inc of expertise with regard to dryer felts and paper mills"
- judge told jury to decide if he was an expert or not (judge is suppose to
decide)
- HELD: reversed + remanded; judge errored
6. CASE: naples v. key- - "money damages"
stone building and - trial court only awarded half of the money it would take to fix the damages
development corp.
, Toussaint Law 3220 EXAM ONE Rated 100% Correct!!
Study online at https://quizlet.com/_h4tu1h
bc "did not meet burden of proof"
- HELD: reversed + remanded; plaintiff can only get more money though
7. CASE: Pre-Paid Legal - became a senior rep at PPLSi and had access to see the top performers, so
Services Inc v. Cahill he tried to poach them
- sign an agreement with PPLSi prohibiting the use of that info
- HELD: preliminary injunction ordered; PPLSi satisfied the 4 requirements
for injunction
8. CASE: Kelo v. City of - city used power of eminent domain to buy waterfront property and sell to
New London, Con- developers
necticut - issue: does the city's development plan serve a "public purpose"
- HELD: supreme court held; the takings satisfy the 5th amendment require-
ment of "taking for a public purpose"
9. CASE: Hughes v. Ok- - took minnows out of Oklahoma (against state law)
lahoma - HELD: supreme court reversed; state law in conflict with interstate commerce
(law should be less discriminatory to states)
10. CASE: Marshall v. Bar- - OSHA inspector asks to search work areas & Barlow refused admission w/
low out a warrant
- HELD: inspector must get a warrant
11. expert witness achieved through either education or experience (only experts can give an
opinion in court)
12. summary judgement no genuine issue of material fact
13. indemnity clause provided in a contract that the liability will fall back onto the other party
14. legislatures create statues
15. F
