AND CORRECT DETAILED ANSWERS
ABERNATHY case -CORRECT ANSWER-binding case of precedence abernathy confirmed, in
order to recover psychological stress or damage, must prove it was caused a PHYSICAL injury
lee case -CORRECT ANSWER-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
pepsi case -CORRECT ANSWER--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
exclusive jurisdiction -CORRECT ANSWER--with anything on that superior list, you can't file in
state court
-power of the federal courts alone to hear certain cases
preemtion doctrine -CORRECT ANSWER--example: colorado, oregon, federal crime and
against policy to make marijuana legal, if they use preemtion doctrine, they would over turn
state law
, expressed contract -CORRECT ANSWER-6 elements
implied contract -CORRECT ANSWER-missing one of the 6 elements and based on the
conduct of the defendant plaintiff reasonably agrees there is a contract
-could be pictures.... a rock and -CORRECT ANSWER-serve registered agents, not employees
of coorperation
mechanical bull -CORRECT ANSWER--anyone who gets on should sign a waiver
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mcdonalds coffee case -CORRECT ANSWER--lots eye opening
-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
things to know for test -CORRECT ANSWER--leaned a lot on GA law
-know all dates
-will not need to calculate anything, ratio thing with state campbell
*walmart case
-CORRECT ANSWER--20 days to respond to federal ct
-30 days to state ga
-15 extra days file complaint
serve by discovery -CORRECT ANSWER--once ur served, i only have to mail you things