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BUSA EXAM 1 PERRY BINDER GSU NEWEST
QUESTIONS AND CORRECT DETAILED
ANSWERS (VERIFIED ANSWERS) |ALREADY
GRADED A+
When a court can choose who to follow or who not to follow is known as? - ANSWER-Persuasive Precedent (Lee and Abernathy)
Abernathy Case - 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 - ANSWER-- Mother Daughter car accident
- Chipped away binding precedent
- Used Abernathy and made minor exception
Psychological harm, caused by physical injury is? - ANSWER- Emotional Distress
When a spouse can sue for loss of love and affection of other spouse is known as what? - ANSWER-Loss of Consortium
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Ex. Lee vs. State Farm
What kind of precedent are decisions from lower courts and foreign courts considered to be? - ANSWER-Persuasive Precedents
Place a complaint is filed, by plaintiff is known as? - ANSWERJurisdiction
Pepsi Case - ANSWER-- Jurisdiction issues
- Could have been filed anywhere because of diversity
- Pepsi won on unreasonable judgement
-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
What are the four types of jurisdictions? - ANSWER-1.Exclusive
- Concurrent
- Original
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- Removal
Where you can only file in one place is known as... - ANSWERExclusive Jurisdiction
Who is the plaintiff in a legal case?
ANSWER: The person who files a civil complaint against a
defendant.Who is a prosecutor?
ANSWER: A person, especially a public official, who institutes
legal proceedings against someone, such as a District Attorney (DA) for felonies, a solicitor for misdemeanors/federal cases, or a U.S. Attorney.Who is the defendant in a legal case?
ANSWER: A person accused of a crime in a criminal
prosecution or a person against whom some type of civil relief is being sought in a civil case (criminal context).What are the four elements of negligence that must be proven?
ANSWER:
Does the defendant owe a duty to the plaintiff?
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Did the defendant breach that duty?Did the breach proximately cause harm?Were there damages?What does "proximate cause" mean in the context of negligence?
ANSWER: It refers to whether the harm was foreseeable and
whether the chain of causation was broken by superseding events (e.g., Palsgraf case, car accident leading to further injury in an ambulance).What is the monetary limit for cases in Georgia Magistrate Court?
ANSWER: Up to $15,000 (small claims court).
What is the monetary threshold for cases in Georgia State/Superior Courts?
ANSWER: Over $15,000 (with concurrent jurisdiction).
What are the five sources of law?
ANSWER:
Cases Statutes
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