100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
LEB 320F Business Law and Ethics Review Exam Questions and Answers | Graded A+ $11.99
Add to cart
Quickly navigate to
Preview
  2.  
  3. LEB 320F
  4.  
  5. LEB 320F

Exam (elaborations)

LEB 320F Business Law and Ethics Review Exam Questions and Answers | Graded A+
 1 view  0 purchase
  • Course
  • LEB 320F
  • Institution
  • LEB 320F

LEB 320F Business Law and Ethics Review Exam Questions and Answers | Graded A+ Soldano v. O'Daniels - - villanueva pulls gun on soldano at saloon - a bystander asks to use the phone to call police, bartender refuses - trial judge dismissed case and plaintiff appealed Issue: Does establishment...

[Show more]

Preview 4 out of 44  pages

Document information

  • December 14, 2024
  • 44
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

Written for

  • LEB 320F
  • LEB 320F

Seller

avatar-seller
JOSHCLAY

Reviews received

Content preview

LEB 320F Business Law and Ethics

Review Exam Questions and Answers |

Graded A+


Soldano v. O'Daniels - ✔✔- villanueva pulls gun on soldano at saloon

- a bystander asks to use the phone to call police, bartender refuses

- trial judge dismissed case and plaintiff appealed

Issue: Does establishment incur liability for death if it denies use of

telephone to a Good Samaritan in an emergency?

Decision: Yes - appeal was confirmed. It was bartender's duty to allow use

of the phone to the Good Samaritan during normal business hours, and he

must not interfere (however, there is no rule requiring that he take action

himself)



Bar fight case

Action v. inaction

Big Idea: Foreseeability



1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

,General Trial Courts - ✔✔- Most important cases involving case law;

empowered to hear all cases except those for limited jurisdiction.

- Ex: corporation law, criminal law, and convict law

- District courts, common plea courts, superior court

Intermediate appellate courts - ✔✔middle of the pyramid; if parties are

dissatisfied with how a trial court handled a case, they can take the appeal

here; when case is examiner, it is not a do-over, rather, the case is re-

examined for errors

Supreme Court - ✔✔top of the pyramid; a party must ask for a writ of

certiorari to proceed, most often, the answer is no because courts are too

busy to hear most of the appeals brought through.

9 judges

Doesn't divide into panels of 3 as does US Courts of Appeals

Has complete discretion whether to take a case

You have to ask by filing a petition for "writ of certiorari" to have a hearing

"The Rule of 4"- Internal rule, specifies that in order for USSC to decide to

hear case, there have to be at least 4 justices that agree to hear it

subject matter jurisdiction - ✔✔- court's power to hear a particular type or

category of case, i.e. tax court


2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

,- federal courts handle federal questions cases and diversity of citizenship

cases

- (plaintiffs and defendants must live in different states and plaintiff seeks at

least $75,000)

personal jurisdiction - ✔✔- Court's power or authority over the parties

involved in a lawsuit

- a court has personal jurisdiction over a defendant if he makes an

appearance, or takes a formal step to defend a lawsuit

- long arm statutes can also establish personal jurisdiction if the defendant

has had minimum contacts or some reasonable degree of interaction with a

state

Summons - ✔✔tells someone they're being sued in a civil lawsuit

Courts of Limited Jurisdiction - ✔✔- Justice of the peace courts, municipal

courts, traffic courts, probate courts, domestic relations courts.

- Limited in the kinds of cases they can hear.

Statutory laws - ✔✔- Refers to state and federal statutes in effect at a given

time (written law)

- Federal and state constitutions, municipal ordinances, and even treaties

- Corporation law, criminal law, and tax law


3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

, - Statutes drafted in broad generalized ways often cannot exist on their

own.

Riley v. Willis - ✔✔Ms. Willis was walking her dog along the side of the

road without a leash when Mr. Riley drove by and hit Ms. Willis

Negligence vs. contributory negligence

The latter means when someone gets hurt, its possible both people are at

fault

Riley appealed trial court ruling because judge failed to instruction, re: dog

leash law

Originally held Riley 60% responsible

Included unnecessary instruction about special duty to avoid obstacles

Appellate court (which does not judicate!) found errors on both issues

Instructions issued based on facts at trial



Issue: The judge gave incorrect jury instructions (dogs must be on a leash)

Decision: Reversed and remanded for a new trial - failed to include

negligence of plaintiff by not having dog on leash

pleadings - ✔✔- cases often dismissed before lawyer can make an opening

statement to a jury

Pre-trial phases - ✔✔complaint, discovery, trial

4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller JOSHCLAY. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $11.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

51292 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 15 years now

Start selling
$11.99
  • (0)
Add to cart
Added