BUSA 2106 Exam 1 Binder UPDATED ACTUAL Questions and CORRECT
Answers
1. Plaintiff Person who files a civil complaint against defendant
2. Prosecutor A person, especially a public oflcial, who institutes legal
proceedings against someone.
DA(Felony) soliciter(misdemeanor/federal) US Attorney
3. Defendant A person accused of a crime in criminal prosecution or a
person against whom some type of civil relief is being
sought in a civil case.
(Criminal)
4. 1. Does the defendant owe a duty The state must prove every element of a crime and a
to defendant plaintiff must prove every element of civil action
2. Did defendant "breach" that List the 4 Elements of Negligence:
duty
3. By "proximately causing"
4. Damages
Ex: Palsgraf case 3/4 (did not win)
5. Proximate Case Was it foreseeable?
Ex: Palsgraf case/ hurting your Was the chain causation broken by superseding events?
back in a car accident, then break-
ing and then losing an arm in an
ambulance
6. GA Magistrate Up to $15,000
small case claims court
7. GA State/Superior Over $15,000 (Concurrent jurisdiction)
, 8. What are the 5 Sources of Law
2/6
Answers
1. Plaintiff Person who files a civil complaint against defendant
2. Prosecutor A person, especially a public oflcial, who institutes legal
proceedings against someone.
DA(Felony) soliciter(misdemeanor/federal) US Attorney
3. Defendant A person accused of a crime in criminal prosecution or a
person against whom some type of civil relief is being
sought in a civil case.
(Criminal)
4. 1. Does the defendant owe a duty The state must prove every element of a crime and a
to defendant plaintiff must prove every element of civil action
2. Did defendant "breach" that List the 4 Elements of Negligence:
duty
3. By "proximately causing"
4. Damages
Ex: Palsgraf case 3/4 (did not win)
5. Proximate Case Was it foreseeable?
Ex: Palsgraf case/ hurting your Was the chain causation broken by superseding events?
back in a car accident, then break-
ing and then losing an arm in an
ambulance
6. GA Magistrate Up to $15,000
small case claims court
7. GA State/Superior Over $15,000 (Concurrent jurisdiction)
, 8. What are the 5 Sources of Law
2/6