LEB Exam 1 Review - Questions are on(i jurisdiction(ii nature and sources of law(iii litigation and court systems(iv common and statutory law and(v the

LEB Exam 1 Review - Questions are on(i jurisdiction(ii...

  • University of Texas
  • LEB 323
  • Test Prep
  • volleymama1026
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Questions are on (i) jurisdiction, (ii) nature and sources of law, (iii) litigation and court systems, (iv) common and statutory law, and (v) the Commerce Clause and federal preemption. Nature and Sources of Law Understand lessons of Soldano case Q: is inaction justified? The bartender had a right to act or allow the patron to use the phone to provide the necessary action in the situation The plaintiff's father, Darrell Soldano was shot and killed at the Happy Jack Saloon. The defendant in this case owns and operates the Circle Inn, which is a restaurant directly across the street from Happy Jack Saloon. Before the shooting occurred, a customer at Happy Jack Saloon came into Circle Inn and told the bartender that a man was threatened at Happy Jack's. The bartender refused to let the Happy Jack customer use the phone to call the police or do it himself. The court ruled in favor of Soldano. Defendant points to the established rule that one who has not created peril ordinarily does not have a duty to take affirmative action to assist an imperiled person. Also, in this case, there was no special relationship between the defendant and the deceased. The court concluded that the Circle Inn employee's actions displayed a disregard for human life and the burden on him was minimal. Interpretation : Although a person may not have a duty to help another, in a case such as this, a person has a duty not to hinder others who are trying to help How to perform analysis under 3 main approaches studied for determining the just result Utilitarianism the best social policy is that which does the most good for the greatest number of people. It is a form of consequentialism, meaning that the moral worth of an action is determined by its outcome Libertarianism maximize autonomy and freedom of choice, emphasizing political freedom, voluntary association and the primacy of individual judgment proposes a society of liberty under law, in which individuals are free to pursue their own lives so long as they respect the equal rights of others. The rule of law means that individuals are governed by generally applicable and spontaneously developed legal rules, not by arbitrary commands; and that those rules should protect the freedom of individuals to pursue happiness in their own ways, not aim at any particular result or outcome.
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