BUSA EXAM 1 PERRY BINDER GSU UPDATED ACTUAL Questions and
CORRECT Answers
1. ABERNATHY case binding case of precedence abernathy confirmed, in order to recover psychological
stress or damage, must prove it was caused a PHYSICAL injury
2. lee case 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
3. pepsi case -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
4. exclusive jurisdic- -with anything on that superior list, you can't file in state court
tion -power of the federal courts alone to hear certain cases
5. preemtion doc- -example: colorado, oregon, federal crime and against policy to make marijuana
trine legal, if they use preemtion doctrine, they would over turn state law
6. expressed con- 6 elements
tract
7. implied contract missing one of the 6 elements and based on the conduct of the defendant plaintiff
reasonably agrees there is a contract
8. -could be pic- serve registered agents, not employees of coorperation
tures.... a rock
and
9. mechanical bull
, -anyone who gets on should sign a waiver
-
10. mcdonalds cof- -lots eye opening
fee case -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
11. things to know -leaned a lot on GA law
for test -know all dates
-will not need to calculate anything, ratio thing with state campbell
*walmart case
12. -20 days to respond to federal ct
-30 days to state ga
-15 extra days file complaint
13. serve by discov- -once ur served, i only have to mail you things
ery
14. ice case -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
15. if u have a hint litigation is coming on down the rd, better option is to retain an
attorney (litigation "hold")
16. civil judgement -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
2/9
CORRECT Answers
1. ABERNATHY case binding case of precedence abernathy confirmed, in order to recover psychological
stress or damage, must prove it was caused a PHYSICAL injury
2. lee case 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
3. pepsi case -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
4. exclusive jurisdic- -with anything on that superior list, you can't file in state court
tion -power of the federal courts alone to hear certain cases
5. preemtion doc- -example: colorado, oregon, federal crime and against policy to make marijuana
trine legal, if they use preemtion doctrine, they would over turn state law
6. expressed con- 6 elements
tract
7. implied contract missing one of the 6 elements and based on the conduct of the defendant plaintiff
reasonably agrees there is a contract
8. -could be pic- serve registered agents, not employees of coorperation
tures.... a rock
and
9. mechanical bull
, -anyone who gets on should sign a waiver
-
10. mcdonalds cof- -lots eye opening
fee case -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
11. things to know -leaned a lot on GA law
for test -know all dates
-will not need to calculate anything, ratio thing with state campbell
*walmart case
12. -20 days to respond to federal ct
-30 days to state ga
-15 extra days file complaint
13. serve by discov- -once ur served, i only have to mail you things
ery
14. ice case -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
15. if u have a hint litigation is coming on down the rd, better option is to retain an
attorney (litigation "hold")
16. civil judgement -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
2/9
