Exam (elaborations)
Court Cases LEB 320F Exam Questions and Answers 2024
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Court Cases LEB 320F Exam Questions and Answers
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Court Cases LEB 320F Exam Questions and Answers1.1 Soldano v. O'Daniels - Answer -Liability when someone requests aid.
Context: A fight broke out, someone tried to contact police and was refused a phone. Someone was killed in the fight. (O'Daniels is the bartender)
Conflict: Defendant did not allow emergency use of a phone. Was he negligently interfering?
1.2 Standard Fire Ins. Co. v. Knowles - Answer -The Class Action Fairness Act of 2005 ["district courts shall have original jurisdiction" over a civil "class action" if, among other things, the "matter in controversy exceeds the sum or value of $5,000,000."]
Context: SF Insurance didnt include contractor fees, which screwed a lot of people over.
Conflict: Knowles spoke for the rest of the people in the CA lawsuit without right. Had no
right to stipulate that it would not exceed 5M.
2.1 Ashcroft v. Iqbal - Answer -Concept: Motion to Dismiss
Context: Iqbal, a Muslim, was detained following 9/11 and sued on the basis of discrimination by gov. officials. Conflict: Did Iqbal have the right facts to dismiss the trial on basis of discrimination.
Riley v. Willis - Answer -Concept: An appeal on a judge's "Instructions to the Jury"
Context: Willis was walking her dog and Riley ran it over. Question was Riley's liability.
Conflict: The judge should have informed the jury of a local law that would have had a substantial effect on their decision.
SEC v. Ginsburg - Answer -Concept: Appellate courts uphold lower court facts, but not always interpretations of law.
Context: Ginsburg was being shady and probably insider trading. Conflict: The judge called a judgement notwithstanding the verdict, higher court said no go.
Oxford Health Care Plans LLC v. Sutter - Answer -Concept: Arbitrators decisions are pretty much final, even if they are completely wrong.
Context: Oxford brought a class lawsuit by physician Sutter to arbitration to decide if class arbitration for the real problem is what should be done. Arbiter said yes, contract stipulates that you must use an arbitrator and class arbitration is the way to go (vs. regular arbitration vs just Sutter).
Conflict: Oxford did not like the result, and tried to bring it to court on the basis that the arbitrator "exceeded his authority" (he did not)
Flagiello v. Pennsylvania Hospital - Answer -Concept: Laws change with modern society.
Context: Textbook case of negligence, however the Hospital defended itself with its status as a nonprofit.
Conflict: Court ruled in favor of hospital, was appealed on the basis that the ''non-profit immunity' was not correct. The court upheld this idea.
Tennessee Valley Authority v. Hill - Answer -Concept: Whether or not a statute can effect construction that had begun before the statute was enacted.
Context: TVA is building dam, people dont like it, find an endangered species, and try to
get construction halted by the statute.
Appellate court found that they had to stop.
Gonzales v. Raich - Answer -Concept: Interstate Commerce Clause includes crops grown for personal consumption.
Context: Gonzales (Attorney General) and Raich (weed cultivator). Raich argued that the DEA could not enforce against her cultivation.
Granholm v. Heald - Answer -Concept: Interstate Commerce Clause and the Internet.
Context: The wineries were allowed to sell directly to consumers in New York and Michigan.
Sorrell v. IMS Health, Inc. - Answer -Concept: Free speech is precious. "creation and dissemination of information are speech within the meaning of the First Amendment. " Intredasting
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