BUSA 2106 TEST QUESTIONS AND ANSWERS A+
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Plaintiff
A person who brings a case against another in a court of law
Prosecutor
A person, especially a public official, who institutes legal proceedings against someone
Defendant
A person or entity accused of a crime in criminal prosecution or a person or entity
against whom some type of civil relief is being sought in a civil case
What was the Palsgraff case?
Proximate Cause
Forseeable to defendant or whether the chain of causation was broken
What is Negligence?
Carelessness
What are the elements of Negligence?
1.) Does the defendant owe a duty to defendent?
2.) Did defendent "breach the duty"?
3.) BY "Proximate Cause"...
4.) Damagaes
How many parts are there to Proximate Cause, and what are they?
2 Parts
1.) Was the action foreseeable to the defendant?
2.) Was there a superseding cause that broke the chain of causation?
How many sources of law are there?
Five
1.) Cases
2.) Statues
3.) Constituents
4.) Admin Regulations
5.) Preemption Doctrine
How many Statues are there and what are they?
Two
Federal and State
What case represents a Proximate Cause hearing?
Palsgraf vs. Long Island Railroad Co.
What are the different types of prosecutors are there?
1.) District Attorney
2.) Solicitor (misdemeanor)
3.) U.S. Attorney (federal)
What is the Georgia Magistrate court also known as?
Small Claims Court
Up to what dollar amount can you file a case in the Magistrate court?
$15,000
, What dollar amount are you able to file a case in Georgia State/Superior Court?
Over $15,000
Declaratory Action
Asking the judge to clarify the terms of the contract
Ex. An Insurance Claim
Specific Performance
To make someone fulfill obligation under a contract.
Ex. The Pepsi Case
Injunction
It is a judicial order that restrains a person from beginning or continuing an action
threatening or invading a legal right of another, or that compels a person to carry out a
certain act.
Ex. A neighbor starts cutting down trees or doing something toxic
Quantum Merit
Determines the amount to be paid for services when no contract exists or when there is
doubt as to the amount due for work performed, but done under circumstances when
payment could be expected
Implied Contract
Missing elements of expressive contract based on the defendants contract throught
there was a deal / contract
Divorce is exclusive to which court system?
Superior (except in Fulton county where it goes to a family court)
What issues go to Federal Court?
1.) Constitutional issues
2.) Federal Statue violation
3.) $75,000 or more and diversity of citizenship (Plaintiffs and defendents are from
different states)
What is an example of a federal statue?
Illegally downloading music. (Copyright statue)
What is a case law
Common Law
What is Stare Decisis
Stand by the decision
Binding Precedent
An existing law that courts are bound to follow. A lower court is bound to follow an
applicable holding of a higher court in the same jurisdiction
Emotional Distress
Emotional hamr to an individual, whihc may include fear, anger and anxiety and
suffering-endured/experience by the victim of a tort,for which monetary damages may
be rewarded.
Loss of Consortium
A claim for damages suffered by the spouse or family member of a person who been
injured or killed as a result of the defendent's negligent of intentional, or otherwise
wrongful acts
Lee vs. State Farm Case
GRADED. Buy Quality Materials!
Plaintiff
A person who brings a case against another in a court of law
Prosecutor
A person, especially a public official, who institutes legal proceedings against someone
Defendant
A person or entity accused of a crime in criminal prosecution or a person or entity
against whom some type of civil relief is being sought in a civil case
What was the Palsgraff case?
Proximate Cause
Forseeable to defendant or whether the chain of causation was broken
What is Negligence?
Carelessness
What are the elements of Negligence?
1.) Does the defendant owe a duty to defendent?
2.) Did defendent "breach the duty"?
3.) BY "Proximate Cause"...
4.) Damagaes
How many parts are there to Proximate Cause, and what are they?
2 Parts
1.) Was the action foreseeable to the defendant?
2.) Was there a superseding cause that broke the chain of causation?
How many sources of law are there?
Five
1.) Cases
2.) Statues
3.) Constituents
4.) Admin Regulations
5.) Preemption Doctrine
How many Statues are there and what are they?
Two
Federal and State
What case represents a Proximate Cause hearing?
Palsgraf vs. Long Island Railroad Co.
What are the different types of prosecutors are there?
1.) District Attorney
2.) Solicitor (misdemeanor)
3.) U.S. Attorney (federal)
What is the Georgia Magistrate court also known as?
Small Claims Court
Up to what dollar amount can you file a case in the Magistrate court?
$15,000
, What dollar amount are you able to file a case in Georgia State/Superior Court?
Over $15,000
Declaratory Action
Asking the judge to clarify the terms of the contract
Ex. An Insurance Claim
Specific Performance
To make someone fulfill obligation under a contract.
Ex. The Pepsi Case
Injunction
It is a judicial order that restrains a person from beginning or continuing an action
threatening or invading a legal right of another, or that compels a person to carry out a
certain act.
Ex. A neighbor starts cutting down trees or doing something toxic
Quantum Merit
Determines the amount to be paid for services when no contract exists or when there is
doubt as to the amount due for work performed, but done under circumstances when
payment could be expected
Implied Contract
Missing elements of expressive contract based on the defendants contract throught
there was a deal / contract
Divorce is exclusive to which court system?
Superior (except in Fulton county where it goes to a family court)
What issues go to Federal Court?
1.) Constitutional issues
2.) Federal Statue violation
3.) $75,000 or more and diversity of citizenship (Plaintiffs and defendents are from
different states)
What is an example of a federal statue?
Illegally downloading music. (Copyright statue)
What is a case law
Common Law
What is Stare Decisis
Stand by the decision
Binding Precedent
An existing law that courts are bound to follow. A lower court is bound to follow an
applicable holding of a higher court in the same jurisdiction
Emotional Distress
Emotional hamr to an individual, whihc may include fear, anger and anxiety and
suffering-endured/experience by the victim of a tort,for which monetary damages may
be rewarded.
Loss of Consortium
A claim for damages suffered by the spouse or family member of a person who been
injured or killed as a result of the defendent's negligent of intentional, or otherwise
wrongful acts
Lee vs. State Farm Case
