Overview of the Law

Question 1

Persuasive vs binding authority

Answer 1

e.g. GA Supreme Court can cite similar AL Supreme Court case, but does not have to listen.

Question 2

What does remedy at law mean?

Answer 2

Money can solve all the problems

Question 3

What’s Remedies in Equity?

Answer 3

Money cannot make the plaintiff whole again, orders may be given instead (restraining or an injunction)

Question 4

Doctrine of Laches

Answer 4

A civil legal defense used when someone can’t wait too long (GA personal ijury claim statue of limitations is 2 years)

Question 5

Difference between statute of limitations and Laches

Answer 5

SoL is codified and Laches is a defense type

Question 6

T/F: There’s no punitive damages in contract cases in GA

Answer 6

True

Question 7

Criminal Law requires a standard of proof involving-

Answer 7

Beyond a reasonable doubt

Question 8

Civil law requires a standard of proof involving-

Answer 8

clear and convincing evidence/preponderance of the evidence

Question 9

T/F Misdemeanors can’t be fined over $1,000

Answer 9

True

Question 10

What’s the sentencing rubicon for misdemeanors vs felonies?

Answer 10

1 year, less is a misdemeanor and more is a felony

Question 11

within 72 hours a judge must be seen in GA (after arrest?)

Answer 11

True

Question 12

What are the three biggies in tort?

Answer 12

Intentional torts, negligent torts, and strict liability torts

Question 13

T/F Causing fear can warrant assault and battery

Answer 13

F: unwanted/offensive infliction of fear is assault, battery requires touching