BUSA 2106 TEST QUESTIONS AND ANSWERS A+
GRADED. Buy Quality Materials!
Palsgraf case
- she lost
- RR won
- proximate cause
1. forseeable
2. chain of causation is not superseding by events
video game case
- developers won
- not broken by superseding events
-not foreseeable
Abernathy case
-Abernathy lost
-SC applied binding case precedent
-no emotional distress, must be caused by physical injury
Pepsi case
-pepsi won
-won on summary judgement
-judge took away from jury
-"no reasonable person"
-jurisdiction: over 75,000- many places this case could have been filed
JURISDICTION: binding vs persuasive precedent
-binding must have all 4
-no cases are exactly alike, so persuasive precedent is usually used
-(persuasive precedence- Lee and Abernathy)
Superior court:
-exclusive jurisdiction
preemption doctorine
-if there is a conflict over fed and state laws, fed law rules
jurisdiction steps
-what type of case?
-who/where is the defendant?
-where should the case be?
exclusive jurisdiction
can't file in state courts
Highest source of law
federal statute
Service of process problem
-your company must designate someone at the company to receive a complaint
Assumption of the risk: Mechanical Bull case
-sign a release/waiver
-thrown off and got hurt-watched others get on and saw how rough the bull was (AoR)
, Hot Coffee Case
-car stopped when happened
-she was not driving
-no warning: hot liquid
-20% responsible
-punitve damages reduced JNOV (shocked conscious of jury)
Wal-Mart case
-denied existence of grease spill
-no relevant docs turned over
-found documents, then handed them over
-severely sanctioned with money damage if fail to turn over docs
due process
gov't interacting with you
Discovery
If discovery is served by plaintiff with the Complaint and Summons:
-defendant has 30 days to respond the COMPLAINT
-45 days to respond to DISCOVERY
Assumption of risk
-answer and affirmative defense
-you knew there was a risk of something happening
Comparative negligence
-answer and affirmative defense
-
Interrogatories
-written questions sent to you before you're under oath
-sign them before notary
Deposition
-under oath
-good for impeachment at trial
McDonald's case
-summary judgement
-McDonalds says ice is open and obvious-don't make us go to trial
Batson case
US SC case
-preemptories: jury selection, few but free challenges (do not have to give reason)
-cannot use preempts in a consistent manor
-RACE
Subpoena deuces tecum
compelled to be somewhere and bring the following documents with you (deposition or
trial)
Compel Discovery
-ignore deadlines
-judge makes them answer documents
Sanctions
-continue to disregard
-ult. sanction: strike their pleadings CASE OVER
GRADED. Buy Quality Materials!
Palsgraf case
- she lost
- RR won
- proximate cause
1. forseeable
2. chain of causation is not superseding by events
video game case
- developers won
- not broken by superseding events
-not foreseeable
Abernathy case
-Abernathy lost
-SC applied binding case precedent
-no emotional distress, must be caused by physical injury
Pepsi case
-pepsi won
-won on summary judgement
-judge took away from jury
-"no reasonable person"
-jurisdiction: over 75,000- many places this case could have been filed
JURISDICTION: binding vs persuasive precedent
-binding must have all 4
-no cases are exactly alike, so persuasive precedent is usually used
-(persuasive precedence- Lee and Abernathy)
Superior court:
-exclusive jurisdiction
preemption doctorine
-if there is a conflict over fed and state laws, fed law rules
jurisdiction steps
-what type of case?
-who/where is the defendant?
-where should the case be?
exclusive jurisdiction
can't file in state courts
Highest source of law
federal statute
Service of process problem
-your company must designate someone at the company to receive a complaint
Assumption of the risk: Mechanical Bull case
-sign a release/waiver
-thrown off and got hurt-watched others get on and saw how rough the bull was (AoR)
, Hot Coffee Case
-car stopped when happened
-she was not driving
-no warning: hot liquid
-20% responsible
-punitve damages reduced JNOV (shocked conscious of jury)
Wal-Mart case
-denied existence of grease spill
-no relevant docs turned over
-found documents, then handed them over
-severely sanctioned with money damage if fail to turn over docs
due process
gov't interacting with you
Discovery
If discovery is served by plaintiff with the Complaint and Summons:
-defendant has 30 days to respond the COMPLAINT
-45 days to respond to DISCOVERY
Assumption of risk
-answer and affirmative defense
-you knew there was a risk of something happening
Comparative negligence
-answer and affirmative defense
-
Interrogatories
-written questions sent to you before you're under oath
-sign them before notary
Deposition
-under oath
-good for impeachment at trial
McDonald's case
-summary judgement
-McDonalds says ice is open and obvious-don't make us go to trial
Batson case
US SC case
-preemptories: jury selection, few but free challenges (do not have to give reason)
-cannot use preempts in a consistent manor
-RACE
Subpoena deuces tecum
compelled to be somewhere and bring the following documents with you (deposition or
trial)
Compel Discovery
-ignore deadlines
-judge makes them answer documents
Sanctions
-continue to disregard
-ult. sanction: strike their pleadings CASE OVER
