BUSA 2106 EXAM #1: Legal and Ethical Environment of Business Questions And Answers Rated 100% Correct!!
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BUSA 2106 : Legal and Ethical Environment o
Institution
BUSA 2106 : Legal And Ethical Environment O
Elements of Negligence - ️️1- Does the defendant owe a duty to defendant?
2- Did defendant "breach" that duty?...
3- By "proximately causing"...
4- Damages
Exclusive Jurisdiction - ️️- Sole jurisdiction of a federal court to hear and decide
cases involving specified subject matters
Pl...
BUSA 2106 EXAM #1: Legal and Ethical
Environment of Business
Elements of Negligence - ✔️✔️1- Does the defendant owe a duty to defendant?
2- Did defendant "breach" that duty?...
3- By "proximately causing"...
4- Damages
Exclusive Jurisdiction - ✔️✔️- Sole jurisdiction of a federal court to hear and decide
cases involving specified subject matters
Plaintiff - ✔️✔️files the lawsuit
Defendant - ✔️✔️criminal and/or civil offensor
Proximate Cause - ✔️✔️- foreseeable to the defendant
- not a superseding cause to break the chain of causation
3 Statues of law - ✔️✔️Cases, Statues, Admin. Regulations
Administrative Regulations - ✔️✔️- Executive branch oversees agencies, they pass
these regulation to interpret code/law.
Preemption Doctorine - ✔️✔️-If there is conflict between federal and state statue,
federal will prevail.
Trial Court - ✔️✔️- Where you file a complaint
- ALL criminal and civil cases start here
-State, Mag., Superior State
1st App. Level - ✔️✔️Right to Appeal
2nd App. Level - ✔️✔️Certiorari
Certiorari - ✔️✔️- Request to the highest court to take your case.
GA Magistrate - ✔️✔️- for matters UP to $15,000
GA State/ Superior courts - ✔️✔️- for matters OVER $15,000
, Concurrent Jurisdiction - ✔️✔️-jurisdiction shared by 2 or more courts
-can be both federal and state
Cases that MUST go to Superior Court.. - ✔️✔️-felonies, equity cases, divorce, title to
land
Equity Cases - ✔️✔️-Cases dealing with fairness -cannot request a jury, only a judge
can deal with it.
Specific Performance - ✔️✔️-asking someone to stop doing something under a
contract
Injunction - ✔️✔️- asking a judge to stop something bad.
- i.e. trying to stop a landowner from cutting down trees/other on your property line.
Quantum Meruit - ✔️✔️-suing for the value of the services, not based on the contract
Implied Contract - ✔️✔️- some element of an expressed contract is missing, but the
conduct of the defendant led me believe we had a deal.
Reasons to go to Federal Court - ✔️✔️1. constitutional issue
2.Federal statue
3. $75,000 or more AND diversity of citizenship
Diversity of Citizenship - ✔️✔️-citizens are from different states
-a citizen of a state and a citizen or subject of a foreign country
Binding Precedent - ✔️✔️1. Court from same jurisdiction
2. Must be a higher court (Court of Appeals, Superior)
3. Exact same issues
4. Exact same facts
Stare Decisis - ✔️✔️to stand by decisions
Types of Jurisdiction - ✔️✔️exclusive
,concurrent
,original
,removal
Removal Jurisidiction - ✔️✔️-Right of a defendant to move a case from state court to
federal court, if they can establish jurisdiction in federal court.
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