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LEB 320F Court Cases Exam Questions and Answers 100% Solved
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LEB 320F Court Cases Exam Questions and Answers 100% Solved What is Podias vs Mairs and example of? - Good samaritan laws, possibly precedents Podias v. Mairs - Negligence--Duty--Nonfeasence--Exceptions Case: D was drinking at the home of a friends. He drove with two other friends (D2 and D3)...

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  • December 14, 2024
  • 42
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • leb 320f
  • court cases

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  • LEB 320F
  • LEB 320F

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LEB 320F Court Cases Exam Questions

and Answers 100% Solved


What is Podias vs Mairs and example of? - ✔✔Good samaritan laws,

possibly precedents

Podias v. Mairs - ✔✔Negligence--Duty--Nonfeasence--Exceptions



Case: D was drinking at the home of a friends. He drove with two other

friends (D2 and D3), all 18. D1 was driving; it was raining; the road was

wet. D1 lost control of the car, struck the motorcycle of P, and went over

the guardrail. All Ds huddled around the car and saw that P was lying in the

roadway, and thought he was dead. D1 told D3 that he thought D1 killed P.

No one called for assistance, D1 called his girlfriend on D3's phone. D2

placed 17 calls. There were 26 more calls on D3's phone. None were calls

to emergency assistance. All Ds decided to get back in the car and leave

the scene. D2 told D1 not to bring him or D3 up. They drove until D1's car

broke down and D2 & D3 ran into the woods (D1 hid in a bush for his




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,girlfriend). Meanwhile, a motor vehicle operated by another person ran over

P who died as a result of injuries sustained in these accidents.

Podias vs Mairs ruling - ✔✔Criminal: possible manslaughter

Civil: wrongful death

Set precedent for good samaritan law: "notion of fairness and common

decency and is in account with public policy" > duty to make reasonable

effort to give assistance/avoid further harm

Amended law: cant leave scene of an accident

Case was reversed an remanded and retried in lower court with new law

What is Soldano vs O'Daniels an example of? - ✔✔Good Samaritan Laws

Soldano v. O'Daniels - ✔✔- Plaintiff's father shot & killed at saloon, patron

came into Circle Inn & asked bartender to call police or let him use the

phone, bartender refused

- Plaintiff alleges: Circle Inn employee did not fulfill his legal duty to help

Soldano vs O'Daniels ruling - ✔✔Court held:

- Harm was foreseeable & imminent, certainty of injury

- While may not have had a duty to help, DID have a duty to NOT HINDER

others from helping --> so yes, he was liable

Big Idea: foreseeability, action vs inaction


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,What is Tarasoff vs Board of regents an example of? - ✔✔Duty and

foreseeability tort

Tarasoff vs. Board of Regents of the University of California - ✔✔- Doctor

was treating patient she was concerned was a dangerous individual, but

did not warn authorities due to doctor/patient confidentiality

- Individual harmed someone and victim's family sued doctor's employer

Tarasoff vs Board of Regents ruling - ✔✔- CA Supreme court ruled medical

professionals have duty to protect individuals from bodily harm that could

potentially be caused by patient

- New laws can be retried in civil case = remanded

What is the Bristol Meyers Squibb vs Superior court an example of? -

✔✔Jurisdiction

Bristol Meyers Squibb vs Superior court - ✔✔- 600 people harmed by drug,

people of CA sue BMS

- Focus on case shifted to jurisdiction > BMS "doesn't belong in court in

CA" because HQ and state of formation is in Delaware - CA has no general

jurisdiction

BMS vs Superior court ruling - ✔✔- Lowe court ruled CA had specific

jurisdiction based on sliding scale approach - BMS could be tried in CA


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, - Went to supreme court, used Calder effects test to try BMS

1. Must show intentional acts

2. Must show acts were aimed at forum state

3. Must show D caused harm and new acts would cause harm

- Supreme court ruled BMS did not meet requirement #2, CA has no

specific jurisdiction - reversed decision

What is Ashcroft vs Iqbal an example of? - ✔✔Conceivable vs plausible

and failed to plead sufficient facts

Ashcroft vs. Iqbal - ✔✔Pakistan citizen arrested around the wake of 9/11

on criminal charges. The man claimed that he was deprived of various

constitutional protections while in federal custody due to his race, ethnicity

and religion. The man filed a complaint against people including a former

Attorney General (Ashcroft) and the director of the FBI. Ashcroft appealed

the charges and it went to the Supreme Court.

Ashcroft vs Iqbal ruling - ✔✔- Interlocutory appeal

- Did the complainant have enough evidence to make it past threshold in

court - Ashcroft filed MTS

- Conceivable vs plausible

- No legal claim: detaining of Muslims was justified do to events of 9/11



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