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BUSA Exam 1 Study Guide: Georgia State University (GSU) - Perry Binder (2025 Version), Exams of Law

This study guide provides a comprehensive overview of key concepts and topics covered in busa exam 1 at georgia state university (gsu), taught by professor perry binder. It includes a series of questions and answers, covering topics such as jurisdiction, sources of law, legal procedures, and negligence. The guide is designed to help students prepare for the exam and understand the fundamental principles of business law.

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2024/2025

Available from 02/28/2025

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BUSA EXAM 1 PERRY BINDER GSU EXAM AND
STUDY GUIDE (2025 VERSION) | ALL
QUESTIONS AND CORRECT ANSWERS |
GRADED A+ | LATEST EXAM | VERIFIED
ANSWERS
What are the three types of issues that go to federal courts? ---------
CORRECT ANSWER-----------------1. Constitutional issues
2. Federal Statute violation
3. $75,000 or more AND diversity citizenship
One way to obtain jurisdiction in federal court is to allege in a complaint in...
---------CORRECT ANSWER-----------------Damages in excess of $75,000
AND diversity of citizenship
What is the Highest Source of Law? ---------CORRECT ANSWER-------------
----Federal
Georgia State and Superior Courts have concurrent jurisdiction to hear all
cases in excess of $15,000
(True and False) ---------CORRECT ANSWER-----------------False, they do
not have to hear all
What is a Constitutional issue? ---------CORRECT ANSWER-----------------
Violation of due process rights, anything based on the constitution
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BUSA EXAM 1 PERRY BINDER GSU EXAM AND

STUDY GUIDE (2025 VERSION) | ALL

QUESTIONS AND CORRECT ANSWERS |

GRADED A+ | LATEST EXAM | VERIFIED

ANSWERS

What are the three types of issues that go to federal courts? --------- CORRECT ANSWER-----------------1. Constitutional issues

  1. Federal Statute violation
  2. $75,000 or more AND diversity citizenship One way to obtain jurisdiction in federal court is to allege in a complaint in... ---------CORRECT ANSWER-----------------Damages in excess of $75, AND diversity of citizenship What is the Highest Source of Law? ---------CORRECT ANSWER------------- ----Federal Georgia State and Superior Courts have concurrent jurisdiction to hear all cases in excess of $15, (True and False) ---------CORRECT ANSWER-----------------False, they do not have to hear all What is a Constitutional issue? ---------CORRECT ANSWER----------------- Violation of due process rights, anything based on the constitution

What is a Federal Statute? ---------CORRECT ANSWER----------------- Anything against the federal law Ex. downloading music illegally What is Diversity of Citizenship? ---------CORRECT ANSWER----------------- All parties are from different states (Plaintiffs & Defendants) What is Common law/ Old British law? ---------CORRECT ANSWER---------- -------Caselaw What is an existing law, courts are bound to follow? Less than 1% --------- CORRECT ANSWER-----------------Binding Precedent

  • Stare Decisis: "Let the decision stand" 3 ways to recover punitive damages ---------CORRECT ANSWER------------- ----1. Intentional Tort
  1. Harmed by a product
  2. Everything else, including gross negligence (Also Case) Intentional Tort ---------CORRECT ANSWER-----------------A wrongful act knowingly committed; NO CAP Ex. Fraud
  • Only opinion that contains law and binding precedent Concurring ---------CORRECT ANSWER-----------------Voted with the majority, but for different reasons Dissent (minority) ---------CORRECT ANSWER------------------ Losing side
  • Ex. 5-4, they're the 4
  • Here's why I voted against En Banc ---------CORRECT ANSWER------------------ All the judges will hear your case
  • Great public importance
  • 15 judges when they're are usually 3 Dicta ---------CORRECT ANSWER------------------ Not law
  • Found in majority opinion
  • It is hypothetical to give future guidance Default in Georgia ---------CORRECT ANSWER-----------------A defendant fails to respond to complaint Default response time ---------CORRECT ANSWER-----------------30 days Technically in default but can get out by filing a answer/ defenses/ court costs ---------CORRECT ANSWER----------------- 31 - 45 days

Really really in default. Basically, you're screwed ---------CORRECT ANSWER-----------------46+ days Pleadings ---------CORRECT ANSWER-----------------the complaint of the plaintiff and answer of the defendant in a lawsuit Summons is NOT a... ---------CORRECT ANSWER-----------------Pleading Types of Pleadings ---------CORRECT ANSWER-----------------1. Complaint

  1. Answer & Affirmative defenses
  2. Counterclaim
  3. Cross claim
  4. Third party complaint Counterclaim ---------CORRECT ANSWER------------------ Counter sue for breach of contract
  • A sues B, then B turns around & sues A in the same case
  • Not defense
  • "You owe me for the damage you cost" Cross-claim ---------CORRECT ANSWER------------------ Defendant sues codefendant already named in case
  • A sued B & C Third-party complaint ---------CORRECT ANSWER------------------ A only sued B, B adds in C so..... A v. B & B v. C

Shifting Burdens ---------CORRECT ANSWER-----------------Happens during case, burdens of proof go back and forth during case Harmless or Reversible error ---------CORRECT ANSWER-----------------No errors affected your case outcome, you lose your appeal; judges mistake biases our case Plantiff ---------CORRECT ANSWER-----------------civil action against defendant; the accuser in a case Prosecutor ---------CORRECT ANSWER-----------------District attorney (Felony); Misdemeanor (Solicitors); Federal (U.S. Attorney) Defendant ---------CORRECT ANSWER-----------------In a criminal action, the person or party accused of an offense The state must prove every element of a crime and a plaintiff must prove every element of a civil action - List the 4 elements of Negligence --------- CORRECT ANSWER-----------------1. Does the defendant owe a duty to plaintiff?

  1. Did the defendant "breach" that duty?
  2. By "proximately causing"
  3. Damges Prove all in order to win Ex. Palsgraf case 3/4 (did not win)

Palsgraf Case ---------CORRECT ANSWER------------------ The Plaintiff was standing on a railroad platform purchasing a ticket, when a train stopped and two men ran forward to catch it. One of the men nearly fell, and two railroad employees attempted to help him. In the process, a package containing fireworks fell and the contents exploded. As a result of the explosion some scales at the other end of the platform fell and struck the Plaintiff. Plaintiff sued and a jury found in her favor. The Appellate Division affirmed this decision, but the Court of Appeals of New York reversed.

  • Negligence case Proximate Cause Ex. Palsgraf and Video game case; hurting your back in a car accident, then breaking, and losing an arm in the ambulance ---------CORRECT ANSWER-----------------1. Was it foreseeable to the defendant?
  1. If not, it breaks the chain of causation Video Game Case ---------CORRECT ANSWER------------------ Michael plays violent interactive video & computer games that involved him shooting & playing with guns
  • Michael brings .22 caliber pistol to school and shot several students
  • Killed 3 students, Jessica, Kayee, and Nicole
  • Parents of the three dead children sued the producers & distributors of the violent video games & movie
  • Lost because it wasn't foreseeable Negligence ---------CORRECT ANSWER-----------------carelessness What are the 5 Sources of Law? ---------CORRECT ANSWER-----------------
  1. Cases
  • Have to convince 4 out of 9 to do certiorari GA Magistrate Court ---------CORRECT ANSWER------------------ State Trial Court
  • Handles cases up to $15,
  • Small claims court GA State/ Superior Court ---------CORRECT ANSWER------------------ State Trial Court
  • Handles cases over $15, GA Court of Appeals ---------CORRECT ANSWER-----------------State 1st Appellate Court; a right to appeal GA Supreme Court ---------CORRECT ANSWER------------------ State 2nd Appellate Court
  • 7 Judges Certiorari ---------CORRECT ANSWER------------------ Request to go to 2nd Appellate court (highest court)
  • 4 out of 9 Supreme court judges approval required Concurrent Jurisdiction ---------CORRECT ANSWER------------------ A case can go to either the Magistrate or State/ Superior court for general matters

Superior court has what kind of Jurisdiction? ---------CORRECT ANSWER-- ---------------Exclusive Jurisdiction (cannot file in state or magistrate court) What type of cases fall into Superior Court? ---------CORRECT ANSWER--- --------------1. Felonies

  1. "Equity" cases (only ask for judge not jury)
  2. Divorce
  3. Title to Land What are the five equity cases? ---------CORRECT ANSWER-----------------1. Declaratory Action
  4. Specific Performance
  5. Injunction
  6. Quantum Meruit
  7. Implied Contract Declaratory Action ---------CORRECT ANSWER-----------------Asking a judge to interpret terms of a contract Specific Performance ---------CORRECT ANSWER-----------------Making defendant do something under a contract Injunction ---------CORRECT ANSWER-----------------Ask judge to stop something from happening; stop defendant from doing something Quantum Meruit ---------CORRECT ANSWER-----------------Value of services with no contract

Abernathy Case ---------CORRECT ANSWER------------------ Binding case of precedent

  • Abernathy confirmed, in order to recover psychological stress or damage, you must prove it was cause by a PHYSICAL injury Lee Case ---------CORRECT ANSWER------------------ Mother Daughter car accident
  • Chipped away binding precedent
  • Used Abernathy and made minor exception Psychological harm, caused by physical injury is? ---------CORRECT ANSWER-----------------Emotional Distress When a spouse can sue for loss of love and affection of other spouse is known as what? ---------CORRECT ANSWER-----------------Loss of Consortium Ex. Lee vs. State Farm What kind of precedent are decisions from lower courts and foreign courts considered to be? ---------CORRECT ANSWER-----------------Persuasive Precedents Place a complaint is filed, by plaintiff is known as? ---------CORRECT ANSWER-----------------Jurisdiction Pepsi Case ---------CORRECT ANSWER------------------ Jurisdiction issues
  • Could have been filed anywhere because of diversity
  • Moved to FL FEDERAL COURTS because 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
  • Pepsi won on unreasonable judgement What are the four types of jurisdictions? ---------CORRECT ANSWER-------- ---------1. Exclusive
  1. Concurrent
  2. Original
  3. Removal Where you can only file in one place is known as... ---------CORRECT ANSWER-----------------Exclusive Jurisdiction Where you can file more than one place (State/ Superior) --------- CORRECT ANSWER-----------------Concurrent Jurisdiction Original Jurisdiction ---------CORRECT ANSWER-----------------Trial court, where cases begin, the first place you file something Removal Jurisdiction ---------CORRECT ANSWER-----------------The right of the defendant to move the case filed from state court to federal court, IF jurisdiction actually exist Long Arm Statute ---------CORRECT ANSWER-----------------If a contract is broken or tort committed (wrongful act), for minimum business contracts you can drag them in to your state

Tells defendant how many days they have to respond to a complaint; delivery of a writ, summons, or subpoena ---------CORRECT ANSWER------ -----------Summons - Service of Process If discovery is served by plaintiff with the complaint and summons, defendant still has ____ days to respond to complaint, but gets ____ days to respond to discovery ---------CORRECT ANSWER-----------------30; 45 Deposition ---------CORRECT ANSWER------------------ Sworn statement under oath before trial

  • Can take up to 30 minutes to 5 days
  • Good for impeachment at trial (reducing someones credibility) Interrogatories ---------CORRECT ANSWER-----------------Written questions from one side to another, written under oath What are two things to think about with answer and affirmative defenses? -- -------CORRECT ANSWER-----------------1. Assumption of risk
  1. Comparative negligence Bull riding Case (Assumption of Risk) ---------CORRECT ANSWER------------ ------ Anyone who gets on the mechanical bull should sign a waiver
  • Mechanical Bull ride
  • Lilya was immediately thrown off onto a soft pad underneath the bull.
  • Lilya got back on for a second time and it got progressively faster
  • Landed on his head, & shoulders
  • Suffered neck fracture

Assumption of Risk ---------CORRECT ANSWER-----------------We warned you, you did it anyway, & got hurt If plaintiff is found 50% or more liable plaintiff recovers how much? --------- CORRECT ANSWER-----------------0 years How long do you have to file a complaint for personal injury? --------- CORRECT ANSWER-----------------2 years How long do you have to file a complaint for property damages? --------- CORRECT ANSWER-----------------4 years How long do you have to file a complaint for a written contract? --------- CORRECT ANSWER-----------------6 years How long do you have to file a complaint for an oral contract? --------- CORRECT ANSWER-----------------4 years How long do you have to file a complaint for UCC contract? --------- CORRECT ANSWER-----------------4 years Substitute Service ---------CORRECT ANSWER-----------------When someone you live with is old enough to receive your summons and complaints

Attorney-Client Privilege - Business or Legal advice? ---------CORRECT ANSWER------------------ Only applies to you

  • Asking legal advice or questions ONLY
  • If you ask any business questions, you're breaking attorney-client privilege
  • Can only receive legal advice back
  • Only send email to those who matter, don't CC everyone
  • Speak in person or on the phone, be careful with email Document Retention Program ---------CORRECT ANSWER----------------- You're allowed to ethically destroy documents if the law allows you to & there is no room for litigation Litigation ---------CORRECT ANSWER-----------------Legal action or process; legal proceedings Litigation "Hold" ---------CORRECT ANSWER-----------------Stop destroying documents related to us; if you're thinking of suing, don't touch a thing "Top Down" Company Code of Ethics ---------CORRECT ANSWER----------- ------1. Employee Ethics Training
  1. Top Executives are on board with the Code and set the tone for employees
  2. Consistent written policy with positive and negative guidance
  3. Company must enforce it; mere words are not enough

What is a motion? ---------CORRECT ANSWER-----------------A request to a judge for some kind of relief What are the five types of motions? ---------CORRECT ANSWER-------------- ---1. To dismiss

  1. Summary judgement
  2. Sanctions
  3. Compel discovery
  4. JNOV Sanctions ---------CORRECT ANSWER-----------------Punish other side because they disregard your order to strike pleading Compel Discovery ---------CORRECT ANSWER-----------------Ask judge to force other side to make them answer discovery; make them give us what we want JNOV ---------CORRECT ANSWER-----------------Judgement notwithstanding the verdict; After a verdict against defendant the counsel say this amount will shock the court. Reduce it to 0 or just reduce it. Summary Judgement ---------CORRECT ANSWER-----------------Telling the court there are no important facts or disputes; the law is on our side; move to that now and the case will be over Ex. Mcdonalds Ice Case