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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
- Federal Statute violation
- $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
- Harmed by a product
- 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
- Answer & Affirmative defenses
- Counterclaim
- Cross claim
- 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?
- Did the defendant "breach" that duty?
- By "proximately causing"
- 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?
- 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-----------------
- 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
- "Equity" cases (only ask for judge not jury)
- Divorce
- Title to Land What are the five equity cases? ---------CORRECT ANSWER-----------------1. Declaratory Action
- Specific Performance
- Injunction
- Quantum Meruit
- 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
- Concurrent
- Original
- 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
- 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
- Top Executives are on board with the Code and set the tone for employees
- Consistent written policy with positive and negative guidance
- 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
- Summary judgement
- Sanctions
- Compel discovery
- 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
