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GSU BUSA 2106 Exam 1 (Binder) Courts II – Q’s And A’s
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GSU BUSA 2106 Exam 1 (Binder) Courts II – Q’s And A’s
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GSU BUSA 2106 Exam 1 (Binder) Courts II – Q’s And A’sWhat is Due Process and when does it apply? Right Ans - Is the legal
requirement that the state must respect all legal rights that are owed to a
person. Only applies when some arm of the government is messing with you.
How many types of Due Process are there? Right Ans - 2
What is Substantive due process? Right Ans - When laws must put you on
notice of exactly what they mean.
i.e. avoid vagueness /overbroad
ex. Loitering.
What is Procedural Due Process? Right Ans - All the rights you know you
have every step of the way in a criminal case.
What is Punitive Damages? Right Ans - Intended to reform or deter the
defendant and others from engaging in conduct similar to that which formed
the basis of the lawsuit.
*(punish the defendant)
What are Compensatory Damages? Right Ans - Compensated for damages
that actually happened.
What was the McDonald's case? Right Ans - Lady was burned from hot
coffee
What are the types of Burdens? Right Ans - 1) Beyond reasonable doubt
2) Preponderance of the evidence.
3) Clear and Convincing evidence.
What standard is Beyond Reasonable doubt and what is the percentage?
Right Ans - 99%, Criminal Standard
What standard is Preponderance of the Evidence and what is the percentage?
Right Ans - Civil standard, 51%
, What standard is Clear and Convincing Evidence and what is the percentage?
Right Ans - Civil standard if a law tells you to use it. 75% (binder made up the
%)
What is the Beginning of the litigation process known as... Right Ans -
Standing to sue
What is a complaint? Right Ans - Contains the plaintiffs argument.
How many days do you have to respond to a complaint in Federal Court?
Right Ans - 20 days
How many days do you have to respond to a complaint in Georgia? Right
Ans - 30 days.
What is a summons? Right Ans - Respond to the complaint within the time
period listed other the case will default.
What is service of process? Right Ans - The procedure by which a party to a
lawsuit gives an appropriate notice of initial legal action to the defendant. In
an effort to exercise jurisdiction over that person so as to enable that person
to respond to the proceeding before the court, body, or other tribunal.
What is substitute service. Right Ans - The deliverance of legal documents
that officially request someone's presence in court. It is delivered to someone
the person lives with that understand what it is.
What does the Answer and Affirmative defenses contain? Right Ans - The
defendants legal argument.
What is the assumption of risk? Right Ans - We warned you of all dangers
and you assumed the risk.
example: Sky diving or baseball flying and hitting someone.
What is Comparative Negligence? Right Ans - Jury assigns a responsibility
percentage. If plaintiff is found to be more than 50% responsible they retrieve
nothing. (Plaintiffs award will be reduced by their percent liability)
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