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LEB 323 Test 1 CASES Question and answers already passed $13.49
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LEB 323 Test 1 CASES Question and answers already passed Soldano vs. O'Daniels - correct answer Summary: - 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 est...

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  • December 27, 2024
  • 6
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • LEB
  • LEB

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LEB 323 Test 1 CASES Question and
answers already passed
Soldano vs. O'Daniels - correct answer ✔Summary:
- 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)


Yahoo vs. LICRA - correct answer ✔Summary:
- French ordered Yahoo to eliminate French access to Nazi items on Yahoo's
auction site
- Yahoo asked for reconsideration, was denied, filed suit in California


Issue:
Is it consistent with Constitution and US laws for another nation to regulate
speech of US resident knowing that it can accessed online by user of another
nation?


Decision:

, No - appeal was confirmed. It would be inconsistent according the First
Amendment for French to regulate speech over the internet


Standard Fire Insurance vs. Knowles - correct answer ✔Summary:
- Federal district courts have jurisdiction in cases where lawsuit exceeds $5
mill
- Knowles asked for less than $5 mill to keep case in state court
- Standard appealed and brought case to Supreme Court


Issue:
Can a stipulation of less than $5 mill remove case from Federal court?


Decision:
Court dismissed the case - Knowles cannot speak for everyone else in a class
action suit


Fraserside vs. Youngtek - correct answer ✔Summary:
- foreign porn company Youngtek used videos and logo of american company
on their website
- Youngtek motioned to dismiss


Issue:
Does Iowa court have jurisdiction over foreign Youngtek?


Decision:
No - according to the Iowa long-arm statute, substantial contact was not
established - motion to dismiss was granted

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