ACTUAL COMPLETE REAL EXAM QUESTIONS AND
CORRECT ANSWERS (VERIFIED ANSWERS)
ALREADY GRADED A+ / NEWEST EXAM
/ JUST RELEASED!!
Notice of appeal - ANSWER-A dissatisfied party may file a
_______ to trial
court and opposing
parties.
shifting burden - ANSWER-of proof from one party to another at
trial, after each party presents sufficient evidence to initially
persuade the fact-finder of the truth or falsehood of a disputed
fact or assertion, the burden shifts to the other party to
disprove such fact or assertion.
for property damage, oral contract, ucc contract you have 4
years to file, how many do you have for written contract and
personal injury - ANSWER--personal injury 2 years
-written contract 6 years
,levies - ANSWER-to pose; to
raise (a tax)
taxes or fees the government
charges
Prima facie case - ANSWER---A case in which the plaintiff has
produced sufficient evidence to prove his or her conclusion if
the defendant produces no evidence to rebut it
--if the advocate succeeds in meeting the burden of proof, the
she or he has presented a prima facie case.This case is good
enough on its face to meet the expectations of a reasonable
audience.
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
preemtion doctrine - ANSWER--example: colorado, oregon,
federal crime and
against policy to make marijuana legal, if they use preemtion
doctrine, they
would over turn
state law