LEB 320F Business Law and Ethics
Review Exam Questions and Answers |
Graded A+
Soldano v. O'Daniels - ✔✔- villanueva pulls gun on soldano at saloon
- a bystander asks to use the phone to call police, bartender refuses
- trial judge dismissed case and plaintiff appealed
Issue: Does establishment incur liability for death if it denies use of
telephone to a Good Samaritan in an emergency?
Decision: Yes - appeal was confirmed. It was bartender's duty to allow use
of the phone to the Good Samaritan during normal business hours, and he
must not interfere (however, there is no rule requiring that he take action
himself)
Bar fight case
Action v. inaction
Big Idea: Foreseeability
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,General Trial Courts - ✔✔- Most important cases involving case law;
empowered to hear all cases except those for limited jurisdiction.
- Ex: corporation law, criminal law, and convict law
- District courts, common plea courts, superior court
Intermediate appellate courts - ✔✔middle of the pyramid; if parties are
dissatisfied with how a trial court handled a case, they can take the appeal
here; when case is examiner, it is not a do-over, rather, the case is re-
examined for errors
Supreme Court - ✔✔top of the pyramid; a party must ask for a writ of
certiorari to proceed, most often, the answer is no because courts are too
busy to hear most of the appeals brought through.
9 judges
Doesn't divide into panels of 3 as does US Courts of Appeals
Has complete discretion whether to take a case
You have to ask by filing a petition for "writ of certiorari" to have a hearing
"The Rule of 4"- Internal rule, specifies that in order for USSC to decide to
hear case, there have to be at least 4 justices that agree to hear it
subject matter jurisdiction - ✔✔- court's power to hear a particular type or
category of case, i.e. tax court
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,- federal courts handle federal questions cases and diversity of citizenship
cases
- (plaintiffs and defendants must live in different states and plaintiff seeks at
least $75,000)
personal jurisdiction - ✔✔- Court's power or authority over the parties
involved in a lawsuit
- a court has personal jurisdiction over a defendant if he makes an
appearance, or takes a formal step to defend a lawsuit
- long arm statutes can also establish personal jurisdiction if the defendant
has had minimum contacts or some reasonable degree of interaction with a
state
Summons - ✔✔tells someone they're being sued in a civil lawsuit
Courts of Limited Jurisdiction - ✔✔- Justice of the peace courts, municipal
courts, traffic courts, probate courts, domestic relations courts.
- Limited in the kinds of cases they can hear.
Statutory laws - ✔✔- Refers to state and federal statutes in effect at a given
time (written law)
- Federal and state constitutions, municipal ordinances, and even treaties
- Corporation law, criminal law, and tax law
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, - Statutes drafted in broad generalized ways often cannot exist on their
own.
Riley v. Willis - ✔✔Ms. Willis was walking her dog along the side of the
road without a leash when Mr. Riley drove by and hit Ms. Willis
Negligence vs. contributory negligence
The latter means when someone gets hurt, its possible both people are at
fault
Riley appealed trial court ruling because judge failed to instruction, re: dog
leash law
Originally held Riley 60% responsible
Included unnecessary instruction about special duty to avoid obstacles
Appellate court (which does not judicate!) found errors on both issues
Instructions issued based on facts at trial
Issue: The judge gave incorrect jury instructions (dogs must be on a leash)
Decision: Reversed and remanded for a new trial - failed to include
negligence of plaintiff by not having dog on leash
pleadings - ✔✔- cases often dismissed before lawyer can make an opening
statement to a jury
Pre-trial phases - ✔✔complaint, discovery, trial
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Review Exam Questions and Answers |
Graded A+
Soldano v. O'Daniels - ✔✔- villanueva pulls gun on soldano at saloon
- a bystander asks to use the phone to call police, bartender refuses
- trial judge dismissed case and plaintiff appealed
Issue: Does establishment incur liability for death if it denies use of
telephone to a Good Samaritan in an emergency?
Decision: Yes - appeal was confirmed. It was bartender's duty to allow use
of the phone to the Good Samaritan during normal business hours, and he
must not interfere (however, there is no rule requiring that he take action
himself)
Bar fight case
Action v. inaction
Big Idea: Foreseeability
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,General Trial Courts - ✔✔- Most important cases involving case law;
empowered to hear all cases except those for limited jurisdiction.
- Ex: corporation law, criminal law, and convict law
- District courts, common plea courts, superior court
Intermediate appellate courts - ✔✔middle of the pyramid; if parties are
dissatisfied with how a trial court handled a case, they can take the appeal
here; when case is examiner, it is not a do-over, rather, the case is re-
examined for errors
Supreme Court - ✔✔top of the pyramid; a party must ask for a writ of
certiorari to proceed, most often, the answer is no because courts are too
busy to hear most of the appeals brought through.
9 judges
Doesn't divide into panels of 3 as does US Courts of Appeals
Has complete discretion whether to take a case
You have to ask by filing a petition for "writ of certiorari" to have a hearing
"The Rule of 4"- Internal rule, specifies that in order for USSC to decide to
hear case, there have to be at least 4 justices that agree to hear it
subject matter jurisdiction - ✔✔- court's power to hear a particular type or
category of case, i.e. tax court
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,- federal courts handle federal questions cases and diversity of citizenship
cases
- (plaintiffs and defendants must live in different states and plaintiff seeks at
least $75,000)
personal jurisdiction - ✔✔- Court's power or authority over the parties
involved in a lawsuit
- a court has personal jurisdiction over a defendant if he makes an
appearance, or takes a formal step to defend a lawsuit
- long arm statutes can also establish personal jurisdiction if the defendant
has had minimum contacts or some reasonable degree of interaction with a
state
Summons - ✔✔tells someone they're being sued in a civil lawsuit
Courts of Limited Jurisdiction - ✔✔- Justice of the peace courts, municipal
courts, traffic courts, probate courts, domestic relations courts.
- Limited in the kinds of cases they can hear.
Statutory laws - ✔✔- Refers to state and federal statutes in effect at a given
time (written law)
- Federal and state constitutions, municipal ordinances, and even treaties
- Corporation law, criminal law, and tax law
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, - Statutes drafted in broad generalized ways often cannot exist on their
own.
Riley v. Willis - ✔✔Ms. Willis was walking her dog along the side of the
road without a leash when Mr. Riley drove by and hit Ms. Willis
Negligence vs. contributory negligence
The latter means when someone gets hurt, its possible both people are at
fault
Riley appealed trial court ruling because judge failed to instruction, re: dog
leash law
Originally held Riley 60% responsible
Included unnecessary instruction about special duty to avoid obstacles
Appellate court (which does not judicate!) found errors on both issues
Instructions issued based on facts at trial
Issue: The judge gave incorrect jury instructions (dogs must be on a leash)
Decision: Reversed and remanded for a new trial - failed to include
negligence of plaintiff by not having dog on leash
pleadings - ✔✔- cases often dismissed before lawyer can make an opening
statement to a jury
Pre-trial phases - ✔✔complaint, discovery, trial
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
