Plaintiff Right Ans - A person who brings a case against another in a court
of law.
Prosecutor Right Ans - A person, especially a public official, who institutes
legal proceedings against someone.
Defendant Right Ans - A person or entity accused of a crime in criminal
prosecution or a person or entity against whom some type of civil relief is
being sought in a civil case.
What is Negligence? Right Ans - Carelessness
What are the elements of "Negligence?" Right Ans - 1) Does the defendant
owe a duty to the plaintiff?
2) Did the defendant "breach" that duty?
3) By "proximately causing"...
4) Damages
How many parts are there to Proximate Cause, and what are they? Right
Ans - 2 Parts
1) Was the action foreseeable to the defendant?
2) Was there a superseding cause that broke the chain of causation?
How many sources of law are there? Right Ans - Five
What are the sources of law? Right Ans - Cases
Statutes
Constitutions
Admin. Regulations
Preemption Doctrine
How many Statues are there and what are they? Right Ans - 2- Federal and
State
How many Constitutions are there? Right Ans - 51
, Who passes Admin Regulations? Right Ans - Government Agencies- ex. IRS
What case represents a Proximate Cause hearing? Right Ans - Palsgraf vs.
Long Island Railroad Co.
What happened in the Palsgraf vs. Long Island Railroad Co. case? Right Ans
- The conductor pulls a passenger on the train, the passenger drops explosives
on the track. This sends vibrations down the track causing a metal plate to fall
on a women. The women sues the railroad.
Who won the Palsgraf vs. Long Island Railroad Co. case and why? Right Ans
- The railroad wins because of proximate cause.
How many types of prosecutors are there? Right Ans - Three-
1) District Attorney
2) Solicitor(misdemeanor)
3) U.S. Attorney (Federal)
What is the Georgia Magistrate court also known as? Right Ans - Small
Claims Court
Up to what dollar amount can you file a case in the Magistrate court? Right
Ans - $15,000
How many counties in Georgia have a superior court? Right Ans - All
counties have a superior court.
Over what dollar amount are you able to file a case in Georgia State/Superior
court? Right Ans - Over $15,000
What is concurrent jurisdiction? Right Ans - A case can go to either court
for general matters over $15,000
What is Centiorari? Right Ans - A request to take your case to the highest
court.
Superior court has what kind of jurisdiction? Right Ans - Exclusive
Jurisdiction
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